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2026 DAILYLAW 33250 (CHH)

LALA @ MAHADEV SHARMA v. STATE OF CHHATTISGARH

WPCR/504/2026 · 2026-08-24

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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CGHC010326302026 2026:CGHC:38033-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 504 of 2026 Lala @ Mahadev Sharma S/o Santosh Sharma, Aged About 37 Years, R/o Indira Chowk Near Gupta Complex, Shyam Nagar, Thana Telibandha, Raipur (C.G.) Presently Lodged in Jagdalpur, Central Jail, Jagdalpur, District- Bastar (C.G.) Since in Jail through his mother Hemlata Sharma W/o Santosh Sharma, Aged About 59 Years, R/o House No. 32/1241 Surita Yadav Bhawan, Shyam Nagar, Telibandha, Raipur, District- Raipur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Additional Secretary, Home (Jail), Department Government of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur, (C.G.) 2 - Director General (Prisons and Rehabilitation Services), Jail Department, Jail Headquarters, Sector-19, Nava Raipur, Atal Nagar, Raipur, (C.G.) 3 - Jail Superintendent, Jagdalpur Central Jail, Jagdalpur, District- Bastar (C.G.) 4 - Collector, Raipur, District- Raipur (C.G.) s ...Respondents (Cause-title taken from Case Information System) -------------------------------------------------------------------------------------------------- For Petitioner : Ms Aditi Singhvi, Advocate For Respondents/State : Mr. Saumya Rai, Deputy Govt. Advocate. -------------------------------------------------------------------------------------------------- Digitally signed by MOHAMMED AADIL KHAN Date: 2026.08.25 22:27:36 +0530 Wpcr 504 of 2026 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board Per R amesh Sinha, Chief Justice 25.08.2026 Heard Ms Aditi Singhvi, learned counsel for the petitioner, and Mr. Saumya Rai, learned Deputy Govt. Advocate for the State. 1. The present writ petition has been filed by the petitioner with the following prayers: “10.1 The Hon’ble Court may kindly be pleased to direct the respondent authorities to decide the application of the petitioner for pre-mature release/remission with 45 days from the date of order, in accordance with law. 10.2 This Hon’ble Court may kindly be pleased to grant any other relief as it may deem fit in the interest of justice.” 2. By way of this petition, the petitioner is challenging the arbitrariness on the part of the respondents/State in causing delay in deciding the case/prayer of the petitioner for remission of rest part of sentence under section 432 of the Code of Criminal Procedure 1973 (in short ‘Cr.P.C.)/ 473 of Bharatiya Nagrik Suraksha Sanhita 2023 (in short ‘BNSS’). 3. Learned counsel for the petitioner submits that the petitioner has undergone actual jail sentence for the period about 17 years, 04 months, Wpcr 504 of 2026 3 20 days and has completed more than 22 years of imprisonment including remission, and therefore, the petitioner is entitled to remission under section 432 of Cr.P.C.(under Section 473 of BNSS). The application preferred by the petitioner for remission of the rest part of sentence is pending since May, 2025 and a period of more than 1 year and 03 months has already lapsed but it is the extreme arbitrariness on the part of the respondent authorities who are causing delay in deciding the case/prayer of the petitioner for remission of rest part of sentence under section 432 of Cr.P.C. / Section 473 of BNSS. 4. Learned Deputy Government Advocate appearing for the State/respondents also endorses the fact that the petitioner’s case for remission is still pending for consideration. 5. In view of the above submission, the respondent authority concerned is directed to decide the case of the petitioner for remission as early as possible, preferably within a period of two months from the date of production of a copy of this order, in accordance with law on its own merits. 6. With the aforesaid observation/direction, the writ petition stands disposed of. Sd Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Aadil