1 2025:CGHC:44175-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 476 of 2025 Majji Soma S/o Shri Majji Neda Aged About 69 Years R/o Village- Rengavaya, Jaramarka, P.S.- Kutru, District- Bijapur (C.G.) Presently Lodged In Central Jail, Jagdalpur, (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, P.S. Kutru, District- Bijapur (C.G.) 2 - The Additional Secretary Jail Department, State Of Chhattisgarh Mahanadi Bhawan, Naya Raipur, (C.G.) 492002 ... Respondent(s) For Petitioner(s) : Mr. Brijesh Kumar Singh, Advocate For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 01.09.2025 1. Heard Mr. Brijesh Kumar Singh, learned counsel for the appellant. Also heard Mr. S.S. Baghel, learned Deputy Government MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.09.02 10:53:09 +0530 2 Advocate for respondents / State. 2. The present writ petition is preferred seeking quashing of order dated 02.04.2025 passed by the Deputy Secretary, Jail Department, Chhattisgarh, rejecting the application of the petitioner for remission under Section 473 of BNSS, 2023. 3. It has been pointed out by learned counsel, appearing for the appellant as well as learned counsel appearing for the respondent that in an identical matter, this Bench had allowed WPCR No. 189 of 2024 (Shameem @ Shameemuddin vs. State of Chhattisgarh and Others) along with bunch of petitions vide order dated 11.09.2024, observing as follows : “16. Even this Court, in a number of cases, relying on the decision of the Supreme Court in Sangeet v. State of Haryana {AIR 2013 SC 447}, Mohinder Singh v. State of Punjab {2013 Cri.L.J. 1559), Laxman Naskar v. Union of India {(2000) 2 SCC 595), Union of India v. Sriharan {(2016) 7 SCC 1} and Ram Chander v. State of Chhattisgarh {AIR 2022 SC 2017} had directed remitted the matter back to the State to decide the case of the petitioners therein and to consider the matter in light of the judgments rendered by the Supreme Court in the cases (supra). 17. The orders passed by the respondent authorities rejecting the application of the petitioners for grant of remission (09.04.2024 (Annexure P/6) in WPCr No. 189/2024 which was communicated to the wife of the petitioner vide communication dated 01.05.2024) (18.07.2024 (Annexure P/1) in WPCr No. 291/2024} 3 {05.07.2024 (Annexure P/1) in WPCr No. 328/2024} are non-speaking and have been passed without application of mind and without taking into consideration the ratio laid down by this Court as well as the Apex Court in the cases (supra), and as such, they are set aside. 18. Consequently, the matters are remitted to the State Government to decide the application of the petitioners for remission afresh. The State Government will call for the opinion of the concerned learned Additional Sessions Judge / Sessions Judge afresh, who will provide his opinion on the petitioners' application within one month from the date of requisition as per Laxman Naskar (supra) and thereafter, the State Government will decide petitioner's application within two month from the date of receipt of opinion from learned Judge in light of the decisions rendered by the Supreme Court in the cases (supra) and also the observations made herein. 19. All the petitions accordingly stands allowed.” They further submit that since the facts and issue involved in the present case is identical to that of WPCR No. 189 of 2024, this petition may also be allowed in the same terms. 4. Having considered the rival submissions made by learned counsel for the parties and having gone through the materials on record, it is evident that the facts and issue involved in this petitioner is identical to WPCR No. 189 of 2024, this Court deems it 4 appropriate not to take a view other than what has been taken in WPCR No. 189 of 2024. 5. Accordingly, the present petition is allowed in terms of the order dated 11.09.2025 passed in WPCR No. 189 of 2024. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet