JUDGMENT :

N.K. CHANDRAVANSHI, J.

1. Present writ petition under Article 226 of the Constitution of India has been instituted by the petitioner/convict, who is undergoing sentence of imprisonment for life upon being convicted for commission of offence punishable, inter-alia, under Sections 147, 148, 302/149, 120-B read with Section 302 of the IPC for following reliefs:

“10.1 That the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner, if it is available.

10.2 That, the Hon'ble Court may kindly be pleased to set aside court's opinion dated 28/06/2021 and 17/08/2021.

10.3 That, the Hon'ble Court may kindly be pleased to direct respondent authorities for releasing the petitioner under Section 432 of Cr.P.C. as well as, as per other existing law.

10.4 That, the Hon'ble Court may kindly be pleased to pass any order in nature of the case.”

2. Factual background of the instant case is that vide judgment dated 08.03.2007 passed by 12th Upper Sessions Judge (FTC), Raipur in Sessions Trial No. 44/2006, the petitioner has been convicted for commission of offence punishable under Sections 147, 148, 302/149 and Section 120-B read with Section 302 of the IPC and sentenced to undergo RI for two year, RI for two year, life imprisonment with fine of Rs.500 and life imprisonment with fine of Rs.500/- respectively and all the sentenced were ordered to run concurrently. Criminal Appeal No. 275/2007 preferred by the petitioner has been dismissed by High Court of C.G. vide order dated 26.07.2018 and Special Leave to Appeal (Cri.) No. 10634/2018 preferred by the petitioner before the Hon'ble Supreme Court against the order dated 26.7.2018 passed by the High Court has also been dismissed. After completion of 15 years of imprisonment without remission, the petitioner submitted an application for premature release before the respondent authorities, hence, Superintendent, Central Jail Raipur sent memo in compliance of Section 432 (2) of the Cr.P.C. to the concerned Presiding Judge for his opinion. Order sheet dated 28.6.2021 (Annexure P-2) reveals that since petitioner was convicted for heinous offences and his appeal and SLP were also rejected by this Court and Hon'ble Supreme Court, hence, he opined that, in view of above, grant of remission to the petitioner does not seem to be appropriate. Vide memo dated 28.6.2021, learned Presiding Judge informed his aforesaid opinion to Jail Superintendent, Central Jail, Raipur, District Raipur. Order sheet dated 17.8.2021 (Annexure R-2) shows that petitioner approached to Secretary, District Legal Services Authority, Raipur, hence, Secretary also sent letter of request to concerned Presiding Judge to extend his opinion with regard to grant of remission to the petitioner, but learned Presiding Judge has stuck on his earlier negative opinion for grant of remission to the petitioner. Vide Annexure R-3, Jail Superintendent, Central Jail, Raipur forwarded the relevant documents to the Director General, Jail and Correctional Services, Jail Headquarter, Raipur with regard to proposal for grant of remission to the petitioner under Section 432 of the Cr.P.C.

2. (A) Vide Annexure R-4, Director General, Jail & Correctional Services sent proposal to Upper Chief Secretary, Home (Jail) Department, Govt. of Chhattisgarh for grant of remission under Section 432 (1) of the Code to the petitioner in compliance of direction dated 07.07.2021 of Hon'ble Supreme Court in S.L.P. (Cr.) No. 529/2021 for grant of remission to those jail inmates, who have completed 20 years in between 30th August, 2021 to 31st January, 2022. Despite proposal sent by Director General, Jail & Correctional Services, respondents No. 1 & 2 have not decided the petitioner's application for grant of remission under Section 432 (2) of the Cr.P.C. Hence, the instant writ petition under Article 226 has been filed.

3. Return has been filed by the State authority stating inter alia that looking to the gravity of the offence