1 2025:CGHC:45501-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 491 of 2025 Noore Aalam S/o Shri Habibulla Aged About 37 Years (Presently 53 Years), R/o Village Gelhapani, 9 Number, Koriya, District Koriya, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Home Affairs Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, Distt. Raipur, Chhattisgarh 2 - Director General of Police Jail Headquarters, Raipur, Distt. Raipur, Chhattisgarh 3 - The Collector District- Koriya, Chhattisgarh 4 - Jail Superintendent Ambikapur Central Jail, District Surguja, Chhattisgarh ... Respondents ----------------------------------------------------------------------------------------------- For Petitioner : Mr. Ashutosh Trivedi, Advocate For Respondents /State : Mr. S.S. Baghel, Dy. Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, Chief Justice 08.09.2025 1. Heard Mr. Ashutosh Trivedi, learned counsel for the petitioner as well as Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/respondents. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 2. The present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs :- “i. That, the respondents may be directed to reconsider the case of the petitioner for the grant of remission within a stipulated period. ii. That, the negative opinion (ANNEXURE P/1) passed by the learned 2nd Additional Sessions Judge Manendragarh, may kindly quashed and it may kindly be directed to reconsider the case of the petitioner in accordance with law and as per the guidelines in the matter of "Writ Petition (PIL) No. 78/2017" and "Union of India Vs V. Sriharan and others" iii. That, the petition may kindly be allowed and the Respondents be directed to consider the application / prayer made by the petitioner for the grant of remission and the petitioner may be released from jail. iv. That, any other relief which deems to be fit for the petitioner by the Hon'ble Court in the interest of justice.” 3. Learned counsel for the petitioner submitted that the petitioner had moved an application for release on remission through Superintendent of Jail vide its letter dated 27.07.2024, wherein negative opinion has been given by the Presiding Judge vide letter dated 27.02.2025, which is annexed as Annexure-P/1 and the same is under challenged in the instant petitioner. 4. The learned State Counsel submitted that no final order has yet been passed by the competent authority on the basis of Annexure-P/1, hence the present petition is premature one, to 3 which learned counsel for the petitioner submits that directed be issued to the authority concerned to decide the application for remission within the stipulated period as the same is pending since 22.01.2025. 5. Considering the aforesaid facts and circumstances of the case, the authority concerned is directed to decide the application of the petitioner for release on parole, which is stated to be pending, within a period of six weeks from today in accordance with law, if already not decided. 6. With the aforesaid observation and direction, the instant writ petition stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra