1 2025:CGHC:43487-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 472 of 2025 Taran Sahu S/o Shobhitram Sahu Aged About 36 Years Occupation- Private Job, Resident Of Village-Gaurmati, Sahaspur Lohara, P.S. Sahaspur Lohara, District- Kabirdham (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Chief Secretary, Department Of Home And Police Affairs, Mahanadi Bhawan Atal Nagar Naya, Raipur (C.G.) 2 - The Secretary Law And Legislative Affairs Department Mantralaya Mahanadi Bhawan Atal Nagar Nawa, Raipur (Chhattisgarh) 3 - Under Secretary Jail Department, Mantralaya, Mahanadi Bhawan Atal Nagar Naya Raipur (C.G.) 4 - Director General Prisons, The Jail And Correctional Services Chhattisgarh Police Head Quarter Sector-19, Atal Nagar Naya, Raipur (Chhattisgarh) 5 - Jail Superintendent Central Jail Durg (C.G.) ... Respondents For Petitioner : Mr.Chitendra Singh, Advocate For Respondents : Mr.Sanghrash Pandey, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order On Board Per Ramesh Sinha, C.J. 28.08.2025 BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.08.28 18:11:53 +0530 2 1. Heard Mr.Chitendra Singh, learned counsel for the petitioner as well as Mr.Sanghrash Pandey, learned Government Advocate appearing for the respondents/State. 2. By way of this petition, the petitioner has prayed for following relief:- 10.1 It is, therefore, prayed that this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner. 10.2 That, the Hon'ble Court may kindly be pleased to set aside the order dated 16/04/2025 (Annexure P/1) passed by respondent No. 3 (Under Secretary, C.G.State Jail Department) and may kindly direct the Respondent authorities to consider the application under Section 432 of Cr.P.C. for grant of remission of the remaining jail sentence of the Petitioner. 10.3 Further, the Hon'ble Court may kindly be pleased to direct respondent authorities for releasing the petitioner under the provision of Section 432 of Cr.P.C. or as per other existing provision of law. That, Any other relief which may deem fit and proper in the facts and circumstances of the case, may also be granted in the interest of justice. 3. Learned counsel for the petitioner submits that he could not file Vakalatnama in the present case for which defect has been reported by the Registry and states that the matter is being entrusted to him through the legal aid and he has not received the Vakalatnama, therefore, he has filed the Memo of Appearance on 3 behalf of the petitioner. As such, the Court proceeds to hear the matter. 4. Learned counsel appearing for the parties submit that issue involved in the present case has already been considered and decided by this Court in WPCR No.353/2025 (Santosh v. State of Chhattisgarh and others), decided on 30.06.2025, wherein this Court held as under:- “6. In view of the above facts and circumstances, the present petition stands disposed of, with liberty to the petitioner to make an application for remission in view of the amended provision given in Rule 358 of C.G. Prisons Rule, 1968 and the same shall be considered by the concerned authority, as expeditiously as possible, in accordance with law. 7. The Director General (Prison), State of Chhattisgarh is directed to ensure that the prisoners with identical situation be provided all the proper assistance for making a requisite application for remission in pursuance of the amended provision given in Rule 358 of C.G. Prisons Rule, 1968. ” 5. In that view of the matter, the present writ petition is disposed off in terms of the order passed by this Court in WPCR No.353/2025. No cost(s). Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu