1 2025:CGHC:20410-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 483 of 2024 1 - Jay Jaiswal @ Gudda Jaiswal S/o Late Shri Bajrang Prasad Jaiswal Aged About 44 Years R/o- Opposite Govt. Multipurpose Higher Secondary School Dayalband, Police Station- City Kotwali Bilaspur, District- Bilaspur (Chhattisgarh), Present Address- B-415, Sanjay Heights Rajaswa Colony Sarkanda, Police Station- Sarkanda, District - Bilaspur (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur, Chhattisgarh 2 - The Director General Prisons And Correctional Services Chhattisgarh, Head Quarter- Prisons And Correctional Services Chhattisgarh, Raipur (Chhattisgarh) 3 - The Jail Superintendent Central Jail, Bilaspur (Chhattisgarh) ---- Respondents (Cause-title taken from Case Information System) ---------------------------------------------------------------------------------------------- For Petitioner : Mr. Vikrant Pillai, Advocate For Respondents-State : Mr. S. S. Baghel, Dy. G.A.. --------------------------------------------------------------------------------------------- Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Arvind Kumar Verma, Judge Order on Board 05.05.2025 Heard Mr. Vikrant Pillai, learned counsel for the petitioner and Mr. 2 S.S. Baghel, learned Dy. G.A., for the State-respondents and perused the record. 2. This writ petition has been filed by the petitioner with the following prayers:- 10.1 The Hon’ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner for its kind perusal; 10.2 The Hon’ble Court may kindly be pleased to issue a suitable writ, order or direction commanding the respondent authorities to consider the case of the petitioner for pre-mature release as early as possible preferably within a period of one month; and 10.3 Any other relief which this Hon’ble Court may deem fit in the facts and circumstance of case. 3. The petitioner was vide judgment dated 30.04.2012, passed by the learned Session Judge Bilaspur District Bilaspur (C.G.) in Session Trial No. 169/2010 convicted under Section 147, 148, 302, 302/149 of IPC 1860 and Section 25 & 27 of Arms Act 1959 and maximum sentence has been awarded by the trial Court under Section 302 of IPC to undergo imprisonment for life. 4 Learned counsel for the petitioner submits that the petitioner has undergone actual jail sentence for the period about 13 years and 11 months. It is pertinent to mention that as on 07.10.2024, 03 years, 10 months and 23 days were earned as remission by the petitioner, therefore the petitioner has completed more than 17 years of imprisonment together and earned remission. Learned counsel for the petitioner is challenging the arbitrariness on the part of the respondent-authorities is not considering the 3 case of the petitioner for pre-mature release under Section 473 of BNSS 2023 (432 of the Code of Criminal Procedure 1973). The term of imprisonment undergone by the petitioner together with earned remission is more than 14 years therefore the petitioner is entitled to be considered for pre-mature release in the light of provision given in Rule 698 of C.G. Prisons Rule 1968 but the extreme arbitrariness on the part of the respondent authorities who are not considering the case of the petitioner for grant of pre-mature release. 5. Learned State Counsel submits that the Rule 358 of the Prisoners Rule has been amended by the State and necessary notification has been issued on 23.04.2025 and he states that the pre-mature release of the petitioner can be decided by State Sentence Review Board and as per the eligibility of prisoners for consideration before the State Sentence Review Board, it has been stated that now pre-mature release of the petitioner- accused is to be considered, if he has completed 14 years of the sentence and there are sentence exceptions as POCSO, NDPS and other. He states that the petitioner may move an application before the authorities concerned, the same shall be decided as per the amended Rule, vide amendment dated 23.04.2025. 6. Heard learned counsel for the parties and perused the records 7. As per amendment in Rule 358 of Premature release of prisoners sentences to imprisonment for life:- Rule 358 (5)(i) of the said Rule as under:- 4 358(5)(i): Eligibility of Prisoners for consideration before the State Sentence Review Board:- (i) Prisoners sentenced to imprisonment for life falling within the purview of Section 475 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023) or prisoners sentenced to death whose sentence has been commuted to life imprisonment under the prevailing law, and who have undergone actual imprisonment of 14 years. 7. 7. In view of the submission made by the State counsel, the petitioner is directed to move an application afresh within a period of two weeks and the concerned authorities shall consider the case of the petitioner afresh within a period of two months from the date of receipt of the said application. 8. Accordingly, the present WPCR stands disposed of. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Jyoti Digitally signed by JYOTI JHA Date: 2025.05.09 10:51:48 +0530