1 2025:CGHC:55279-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 578 of 2025 1 - Dinesh Rawani S/o Rakhiyan Rawani Aged About 40 Years R/o Annpurnapara, Kanker, District- Uttar- Bastar Kanker (C.G.) 2 - Mani Yadav S/o Gokul Yadav Aged About 40 Years R/o Manjhapara, Kanker Police Station Kanker, District- Uttar- Bastar Kanker (C.G.) ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur, District- Raipur (C.G.) 2 - The Under Secretary, State Of Chhattisgarh Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur, District- Raipur (C.G.) 3 - The Director General Prisons And Correctional Services Chhattisgarh, Head Quarter - Prisons And Correctional Services Chhattisgarh, District- Raipur (C.G.) 4 - The Jail Superintendent Central Jail, Jagdalpur (C.G.) ... Respondents (Cause title is taken from CIS) For Petitioners : Mr. Dhirendra Prasad Mishra, Advocate For Respondents : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.11.14 11:17:04 +0530 2 13.11.2025 1. The petitioner has filed this petition praying for following relief:- “10.1) That, the Hon'ble Court may kindly be pleased to call 1for entire records pertaining to the case of the petitioners for its kind perusal; 10.2) That, the Hon'ble Court may kindly be pleased to issue a suitable writ, order or direction and quash/set-aside the letter/order dated 08.05.2025 (Annexure P/1) and order dated 28/03/2025 Annexure P-7, issued/passed by the Respondent No. 2; 10.3) That, the Hon'ble Court may kindly be a pleased to issue suitable writ, order oг direction commanding the respondent authorities to grant the petitioners remission under 473 of Bharatiya Nagrik Suraksha Sanhita 2023/432 of the Code of Criminal Procedure 1973 and further be pleased to release the petitioners by granting remission in respect of the rest part of the punishment/sentence imposed upon the petitioners vide judgment of conviction and sentence dated 04.09.2012 (Annexure P/2); 10.4) That, any other relief, which this Hon'ble Court may deem fit and proper looking to the facts and circumstances of the case, may also kindly be granted in favor of the petitioners.” 2. Brief facts of the case are that the petitioners are a convicted prisoner detained in Central Jail Jagdalpur (C.G.). The petitioners are in jail since 19.08.2009 and they have served more than 16 years in jail. Vide judgment dated 04.09.2012, passed by the learned Additional Sessions Judge, Uttar Bastar Kanker, District Kanker in Session Case No. 32/2010 the petitioners were convicted under sections 147, 148, 302/149, 307/149 and 3 324/179. The petitioner No.1 also convicted under Section 25(1- B) r/w Section 4 of the Arms Act. The Superintendent of Jail, Central Jail Jagdalpur District Bastar has given opinion for the petitioners for getting remission period for the punishment given under Section 302/34 and 307/34. However, the same has been rejected by order dated 28.03.2025 by respondent No.2 on the ground that there is ban/bar on premature release of the prisoners convicted under section 302/149 of the Indian Penal Code 1860 in light of the provision given in Rule 358 (3) (G) of C.G. Prisons Rule 1968. Hence this petition. 3. Learned counsel for the petitioners submit that the impugned letter/orders issued by the respondent respondent authorities are arbitrary, illegal and against the law and the same have been passed/issued by the respondents just on the basis of the bar/ban given in Rule 358 (3) (G) of C.G. Prisons Rule 1968 without considering their good conduct during their detention period. The petitioners have undergone jail sentence for the period of more than 16 years with earned remission, and therefore, the petitioners are entitled to pre-mature release under section 473 of the BNSS 2023 (432 of the Cr.P.C.). Further, the provision given in Rule 358 of C.G. Prisons Rule 1968 has been amended vide notification dated 23.04.2025 and at present there is no bar/ban on pre-mature release of the prisoners convicted under section 302/149 of the Indian Penal Code 1860, and therefore, the petitioners are eligible to be considered for pre-mature release 4 under section 473 of BNSS 2023 (432 of the Cr.P.C.). Also, several prisoners convicted under section 302/149 of the Indian Penal Code 1860 have been released under remission of the rest part of sentence but in so far as the case of the petitioners are concerned, the same has been rejected on the ground of the bar/ban given in Rule 358 (3) (G) of C.G. Prisons Rule 1968 and it is nothing but a clear discrimination against the petitioners. The case of the petitioners is similar to the case of Soyam Rama Vs State of Chhattisgarh (W.P.(Cr.) No. 448/2024 decided on 25.11.2024) and the case of Basant Verma Vs State of Chhattisgarh (W.P.(Cr.) No. 100/2025 decided on 21.03.2025). 4. Learned counsel for the respondents/State could not dispute the said fact that the impugned letter/orders dated 08.05.2025 & 28.03.2025 have been passed/issued by the respondents authorities just on the basis of the bar/ban given in Rule 358 (3) (G) of C.G. Prisons Rule 1968 and not on merits and further, the provision given in Rule 358 of C.G. Prisons Rule 1968 has been amended vide notification dated 23.04.2025 and at present, there is no bar/ban on pre-mature release of the prisoners convicted under section 302/149 of the IPC, and therefore, the petitioners are eligible to be considered for pre-mature release under section 473 of BNSS 2023 (432 of the Cr.P.C.). 5. In view of the above facts and circumstances, the present petition stands disposed of, with liberty to the petitioners to make an 5 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. 6. The Director General (Prison), State of Chhattisgarh is directed to ensure that the prisoner 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. 7. Registrar (Judicial) is directed to transmit the copy of this order to the Director General (Prison), State of Chhattisgarh forthwith for necessary information and follow up action. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti