1 2025:CGHC:61418-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 639 of 2025 Jitu Bhoi @ Jeetu Bhoi @ Jitendra S/o Shri Parmanand Bhoi Aged About 35 Years R/o Katiyapara, Police Station - City Kotwali Bilaspur, District - Bilaspur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur (C.G.) 2 - The Director General Of Prisons And Correctional Services Chhattisgarh Head Quarter - Prisons And Correctional Services Chhattisgarh, Raipur (C.G.) 3 - The Jail Superintendent Central Jail Bilaspur (C.G.) --- Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Rishi Rahul Soni, Advocate. For Respondent(s) : Shri S.S. Baghel, Dy. Govt. Advocate. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.12.17 16:05:26 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 17.12.2025 1. Heard Mr. Rishi Rahul Soni, learned counsel for the petitioner as well as Mr. S.S. Baghel, learned Deputy Govt. Advocate appearing for the respondents/State. 2. The present petition has been filed by the petitioner with the following prayers :- “10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for it's kind perusal; 10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ, order or direction commanding the respondents to consider and decide the case/prayer of the petitioner for remission of rest part of sentence under section 432 of the Code of Criminal Procedure 1973/473 of Bharatiya Nagrik Suraksha Sanhita 2023 as early as possible preferably within a period of 30 days or within any other suitable period; and 3 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 3. This is second round of litigation. Earlier the petitioner had approached this Court by way of filing writ petition being WPCR No.429/2025 and this Court vide order dated 29.07.2025 passed the following order:- “1. Heard Mr. Vijay Shankar Mishra, learned counsel for the petitioners as well as Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/respondents. 2. By way of this writ petition, the petitioners have prayed for following relief(s):- “10.1 The Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner for it’s kind perusal. 10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ/order/direction and declare the provision given in Rule 358(3)(g) (two) of C.G. Prisons Rule 1968 as illegal and unconstitutional. 10.3 The Hon’ble Court may kindly be 4 pleased to issue a suitable writ, order or direction and quash/set-aside the letter/order dated 16.04.2025, 17.04.2025 & 08.05.2025 (Annexure P/2) issued/passed by the respondent no.2. 10.4 The Hon’ble Court may kindly be pleased to issue writ in the nature of mandamus to direct the respondents to consider the case of the petitioners or direction commanding the respondent authorities to grant the petitioner remission under Section 473 of BNSS Act, 2023/432 of Cr.P.C. further be pleased to release the petitioners by granting remission in respect of rest part of the sentence imposed upon the petitioners. 10.5 That, Any other relief, which Hon’ble Court deems it fit proper, may also be provided in favour of the petitioner.” 3. The present writ petition has been preferred by the petitioner against the orders dated 16.04.2025, 17.04.2025 and 08.05.2025 passed by the respondent authorities, whereby the applications of the petitioners for remission of sentence imposed upon them, have been rejected. 4. Learned counsel appearing for the parties 5 submit that the issue involved in this writ petition has already been considered and decided by this Court vide judgment dated 30.06.2025 passed in WPCR No.353 of 2025, whereby the Division Bench of this Court has held as under:- “6. In view of the above facts and circumstances, the present petition stands disposed of, with liberty to the petitioner to make an 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. 7. The Director General (Prison), State of Chhattisgarh is directed to ensure that the prisoners 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. 8. 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.” 5. In view of the above, the present writ petition is 6 disposed of in terms of the order dated 30.06.2025 passed by this Court in WPCR No. 353 of 2025. No cost(s).” In compliance of the said order, the petitioner has filed another application in the month of August, 2025 for release on remission, which is still pending for consideration. 4. Learned Deputy Govt. Advocate appearing for the respondents also endorses the fact that the petitioner’s case for remission is still pending for consideration. 5. Learned counsel for the petitioner submits that identical situated co-accused Basant Verma has already been released on remission vide order dated 25.09.2025 (Annexure P-12). 6. In view of the same, the authority concerned is directed to decide the case of the petitioner for remission as early as possible preferably within a period of four weeks from the date of production of copy of this order. 7. With the aforesaid observation / direction, the writ petition finally stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Shoaib