1 2025:CGHC:61739-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 641 of 2025 Alkhram S/o Titithram Aged About 34 Years R/o Sonesilli, Thana- Gobra Navapara District- Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Under Secretary Government Of Chhattisgarh, Jail Department Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur (Chhattisgarh) 2 - Secretary Department Of Home Affairs Government Of Chhattisgarh Mantralaya, Indravati Bhawan, Nava Raipur, District Raipur (Chhattisgarh) 3 - Director General (Prisons) Jail Headquarters Raipur (Chhattisgarh) 4 - Jail Superintendent Raipur Central Jail Raipur District Raipur (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Mr. Deepak Kumar Jain, Advocate For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.12.19 15:45:32 +0530 2 19.12.2025 1. Heard Mr. Deepak Kumar Jain, learned counsel for the appellant. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for respondent/State. 2. The present petition has been filed praying for following relief:- “10.1. That the Hon'ble court May kindly be pleased to issue a writ of mandamus quashing the order dated 05.05.2025 Annexure P-1.and may kindly be pleased to direct the respondent authority to of the petitioner for premature reconsidered the application release/remission of jail sentence, in the interest of justice 10.2. This Hon'ble court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the present case. 10.3. That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the grievance of the petitioner from the respondent authorities. 10.4 That this Hon'ble Court may kindly be pleased to direct the respondent authorities to release the petitioner under the provision of Section 432 of the Cr.P.C. (now Section 474 of the BNSS) as he has admittedly completed more than 16 of imprisonment including remission and a recommendation in this regard has also been made by the concerned respondent authorities. 10.5 Cost of the litigation/petition be allowed. 10.6 Any other relief(s) may be given to the petitioner, which this Hon'ble Court deem fit and proper in the facts and circumstances of the case.” 3 3. It has been pointed out by learned counsel, appearing for the petitioner as well as learned counsel appearing for the respondents that in an identical matter, this Bench had disposed of WPCR No. 353 of 2025) vide order dated 30.06.2025, observing as follows : “5. Learned counsel for the respondents/ State could not dispute the said fact that the impugned letter/ order dated 04.09.2024 has been passed/issued by the respondent No.2 just on basis of the bar/ban given in Rule 358(3)(g) (two) 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 petitioner is eligible to be considered for pre-mature release under section 473 of BNSS 2023 (432 of the Cr.P.C.). 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 4 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. ” They further submit that since the facts and issue involved in the present case is identical to that of WPCR No. 353 of 2025, this petition may also be disposed of with 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 identical to WPCR No. 353/2025, this Court deems it appropriate not to take a view other than what has been taken in WPCR No. 353/2025. 5. Accordingly, the present petition is disposed of in terms of the order dated 30.06.2025 passed in WPCR No. 353/2025. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet