1 2026:CGHC:18297-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 210 of 2026 Bharat Lal Suryavanshi S/o Shri Santram Aged About 51 Years R/o Village Singhari, Place Ratanpur, District Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home Affairs Government Of Chhattisgarh, Mahanadi Bhawan, Mantralya, Atal Nagar, New Raipur, Distt. Raipur Chhattisgarh 2 - The Under Secretary Jail Department, Nava Raipur, Atal Nagar, Distt Raipur Chhattisgarh 3 - Director General Of Police Jail Headquarters, Raipur, Distt Raipur Chhattisgarh 4 - Director General Of Prisons And Correctional Services Headquarters Prison And Correctional Service, Sector 19, Kayabandha, Naya Raipur, Atal Nagar, Distt Raipur Chhattisgarh 5 - The Collector Distt Bilaspur Chhattisgarh 6 - Jail Superintendent Bilaspur Central Jail, Distt Bilaspur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Virendra Verma, Advocate For State : Mr. N. K. Jaiswal, Dy. G.A. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2026.04.23 16:31:22 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 22-04-2026 1. Heard Mr. Virendra Verma, learned counsel for the petitioner. Also heard Mr. N. K. Jaiswal, learned Dy. Government Advocate for the State/respondents. 2. By this petition under Article 226 of the Constitution of India, the petitioner seeks the following relief(s): “10.1 That, the respondents may be directed to consider the case of the petitioner for the grant of remission within a stipulated period. 10.2 That, the order (ANNEXURE P/1) may be considered in its true spirit and the application made by the petitioner for the remission may kindly be allowed and the Respondent authority may be directed to take appropriate decision in the matter of the petitioner and kindly released the petitioner and remit the petitioner from jail and suspend the remaining sentence of conviction granted to the petitioner, in the interest of justice. 3 10.3 That, the petition may kindly be allowed and the Respondents be directed to consider the application made by the petitioner for the grant of remission and the petitioner may be released from jail. 10.4 That, any other relief which deems to be fit for the petitioner by the Hon'ble Court in the interest of justice.” 3. The petitioner has filed the present petition aggrieved by the inaction of the respondent authorities in not deciding his application for remission/premature release, despite having completed more than 21 years of incarceration (including remission). The petitioner was convicted under Section 376(1) of the Indian Penal Code by the learned Sessions Judge, Bilaspur vide judgment dated 02.04.2009 and is presently lodged in Central Jail, Bilaspur. Upon his application for remission, the opinion of the learned Trial Court was sought, which vide order dated 19.05.2023 gave a positive recommendation for his early release. Thereafter, the respondent authorities initiated the process and sought necessary reports, including police verification, however, despite completion of such procedural formalities, no final decision has been taken till date. Being aggrieved by such inaction and lack of communication, the petitioner has approached this Court by way of the present petition. 4 4. Learned counsel for the petitioner submits that the petitioner has in jail since 02.04.2009 and has completed more than 21 years of his jail sentence, and therefore, the petitioner is entitled to remission under section 432 of the Code of Criminal Procedure, 1973 (under Section 473 of Bharatiya Nagrik Suraksha Sanhita, 2023). The application preferred by the petitioner for remission of the rest part of sentence is pending since April 2024 and a period of more than 1 year has already lapsed but it is the extreme arbitrariness on the part of the respondent authorities who are causing delay in deciding the application of the petitioner for remission of rest part of sentence under section 432 of the Cr.P.C. / Section 473 of the BNSS. 5. Learned Dy. Government Advocate appearing for the State/respondents also endorses the fact that the petitioner’s case for remission is still pending for consideration. 6. In view of the facts and circumstances of the case, particularly considering that the petitioner has already undergone more than 21 years of incarceration (including remission), and further taking into account the positive recommendation dated 19.05.2023 given by the learned Trial Court, this Court is of the opinion that the petitioner’s application for premature release/remission deserves expeditious consideration. 7. It is evident that despite initiation of the process and correspondence between the respondent authorities, no final 5 decision has been taken on the petitioner’s application till date, which amounts to inaction on the part of the State authorities. Accordingly, without expressing any opinion on the merits of the claim of the petitioner, the present petition is allowed to the extent indicated herein. 8. The respondent authorities are hereby directed to consider and decide the petitioner’s application for remission/premature release under the applicable provisions of law (Section 432 Cr.P.C. / Section 473 BNSS, 2023), strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. 9. With the aforesaid observation/direction, the writ petition stands disposed of. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice sagrika