1 2025:CGHC:27205-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 90 of 2025 Madho Singh S/o Bahoran Singh Aged About 43 Years R/o B.T.I. Road, Rekha Nagar, Bhind, P.S. Dehat, District Bhind (M.P.) Presently In Central Jail Durg (C.G.) ... Petitioner(s) Versus 1 - State of Chhattisgarh Through- Principal Secretary, Department of Home (Jail) Government Of Chhattisgarh Mantralaya, Mahanadi Bhavan, Atal Nagar Nava Raipur, District Raipur Chhattisgarh 2 - The Jail And Correctional Services Chhattisgarh, Sector 19 Atal Nagar New Raipur, Through Director General, Prisons, Jail Road, Raipur (C.G.) 3 - The Jail Superintendent Central Jail Durg, District Durg Chhattisgarh 4 - District Magistrate/Collector District Rajnandgaon Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Rajesh Jain, Advocate. For Respondent(s) : Mr. S.S.Baghel, Deputy Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 24/06/2025 1. Heard Mr. Rajesh Jain, learned counsel for the petitioner as well as Mr. S.S.Baghel, learned Deputy Government Advocate for the State/ respondents. 2 2. The petitioner, by way of this petition under Article 226 of the Constitution of India, has prayed for the following relief(s): “10.1 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. 10.2 That, the Hon’ble High Court may kindly be pleased to set aside the order passed by the Hon’ble Governor and further directed to release petitioner. 10.3 Cost of the litigation / petition be allowed. 10.4 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. Mr. Jain, learned counsel for the petitioner submits that the petitioner was convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life vide judgment dated 21.07.2010 passed in Sessions Trial No. 86/2009 by the learned Sessions Judge, Rajnandgaon. The petitioner preferred an appeal before this Court as well as the Hon’ble Apex Court and both the said appeals stood dismissed affirming the judgment passed by the learned trial Court. The petitioner is in jail for a long time i.e. more than 15 years and as such, he filed an application before the respondent No. 4 for his release which was dismissed by the respondent No. 1 and communicated to the wife of the petitioner through communication dated 28.03.2023. The said rejection was challenged by the petitioner in WPCr No. 476/2024 which was disposed of by this Court vide order dated 12.12.2024 granting liberty to the petitioner to take recourse to law. Thereafter, another petition was preferred being WPCrNo. 30/2025 which was dismissed as withdrawn vide order dated 20.01.2025 granting liberty to the petitioner to file a fresh, with proper prayer. 3 4. At the outset, Mr. Baghel, learned Deputy Government Advocate appearing for the State/respondents submits that as the mercy petition of the petitioner has already been rejected by the Governor of the State, the proper remedy for the petitioner would be to approach the Secretary, Ministry of Home, Government of India in light of sub-rule (4) of Rule 777 of the Jail Manual. 5. In view of the above submission, this Court is of the view that as sub-rule (4) of Rule 777 of the Jail Manual provides filing a petition before the Secretary, Ministry of Home, Government of India, the petitioner is at liberty to take recourse to the same and as such, this petition stands disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.06.25 19:39:31 +0530