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2025 DAILYLAW 50749 (CHH)

AJAY TIWARI v. STATE OF CHHATTISGARH

WPCR/538/2025 · 2025-10-13

Shri Bibhu Datta Guru

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:51055-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 538 of 2025 Ajay Tiwari S/o Late Banshidhar Tiwari, Aged About 50 Years R/o Ward No. 09, Ramanujganj, Police Station Ramanujganj, District Balrampur Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home Affairs Government Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, Distt. Raipur (C.G.) 2 - Director General Of Police, Jail Headquarters, Raipur, Distt. Raipur (C.G.) 3 - The Collector, District Balrampur Ramanujganj (C.G.) 4 - Jail Superintendent, Ambikapur Central Jail, District Surguja (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Ashutosh Trivedi, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.10.15 10:48:40 +0530 2 Per Ramesh Sinha , Chief Justice 14.10.2025 1. Heard Mr. Ashutosh Trivedi, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate for respondents / State. 2. The present writ petition is preferred praying for following relief:- “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 1"Additional Sessions Judge Ramanujganj, 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. It has been pointed out by learned counsel, appearing for the petitioner as well as learned counsel appearing for the respondents that in a similar matter, this Bench had disposed of WPCR No. 532 of 2025 (Prem Lal Suryavanshi vs. State of 3 Chhattisgarh and Others) vide order dated 10.10.2025, observing as follows : “8. In view of the submissions and considering the facts of the case, the competent authority is directed to consider and decide the petitioner's application for remission, stated to have been made through the Superintendent of Jail on 05.10.2024, within a period of eight weeks from the date of receipt of a certified copy of this order, if not already decided. 9. It is further observed that, in light of the judgment of the Hon'ble Supreme Court in Jaswant Singh (supra), the competent authority, if it so deems appropriate, may obtain a fresh opinion from the concerned trial Judge before passing a reasoned and speaking order on the said application. 10. Accordingly, the present petition stands disposed off with the aforesaid directions.” They further submit that since the facts and issue involved in the present case is similar to that of WPCR No. 532 of 2025, this petition may also be disposed of 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 petition is similar to WPCR No. 532 of 2025, this Court deems it appropriate not to take a view other than what has been taken in WPCR No. 532 of 2025. 4 5. Accordingly, the present petition is disposed of in terms of the order dated 10.10.2025 passed in WPCR No. 532 of 2025. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet