2026:CGHC:3490-DB Digitally NAFR signed by ANURADHA ANURADHA TIWARI TIWARI Date: HIGH COURT OF CHHATTISGARH AT BILASPUR

2026.01.22

13:23:53 +0530 WPCR No. 37 of 2026 Taran Prasad Sahu S/o Shri Baigaram Sahu, Aged About 41 Years R/o Village Bavanbudi, Police Station- Jaijaipur, District Sakti (C.G.)

... Petitioner versus

1 - State of Chhattisgarh Through The Secretary, Home (Jail) Department, Mantralaya, Mahanadi Bhawan, Raipur, District Raipur C.G.

2 - The Director General of Prisons And Correctional Services Chhattisgarh, Head Quarter- Prisons And Correctional Services Chhattisgarh, Raipur, District Raipur C.G.

3 - The Jail Superintendent, Central Jail Bilaspur, District Bilaspur C.G.

... Respondents (Cause-title taken from Case Information System)

For Petitioner : Mr. Rishi Rahul Soni, Advocate For State/Respondents : Mr. Shaleen Singh Baghel, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

21 .01.2026

1. Heard Mr. Rishi Rahul Soni, learned counsel for the petitioner as well as Mr. Shaleen Singh Baghel, learned Government Advocate, appearing on behalf of the State/respondents.

2. The present petition has been filed by the petitioner with the following relief(s):-

“10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for it's kind perusal;

10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ, order or direction and quash/set-aside the order dated 25.09.2025 (Annexure P/1) issued by the Learned 1 Additional Session Judge Sakti, District- Janjgir-

Champa (C.G.);

10.3 The Hon'ble Court may kindly be pleased to issue a suitable writ, order or direction commanding the respondents to put/present the case of the petitioner for remission of rest part of sentence (in other words for pre mature release) under section 473 of Bharatiya Nagrik Suraksha Sanhita 2023/432 of the Code of Criminal Procedure 1973 before the Learned 1 Additional Session Judge Sakti, District Janjgir-Champa (C.G.) for fresh consideration and for giving fresh opinion under section 473(2) of Bharatiya Nagrik Suraksha Sanhita 2023/432(2) of the Code of Criminal Procedure 1973 and the learned sentencing Court may kindly be directed to provide opinion accompanied with adequate reasoning after taking into consideration the relevant factors as laid down in Laxman Naskar Vs. Union of Indian reported in (2000) 2 SCC 595; 10.4 The Hon'ble Court may kindly be pleased to issue a suitable writ, order or direction commanding the respondents to consider and decide the case of the petitioner for remission of rest part of sentence as early as possible preferably within a period of 30 days or within any other suitable period; and

10.5 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner. ”

3. Brief facts of the case, in a nutshell, are that the petitioner is a prisoner presently lodged in Central Jail, Bilaspur (Chhattisgarh). He remained in judicial custody from 12.07.2010 to 06.08.2020 and thereafter has again been continuously in custody since 25.01.2021. The custody particulars stand duly substantiated by information furnished under the Right to Information Act, 2005.

4. The petitioner was tried in Sessions Trial No. 162/2010 and was convicted by judgment dated 07.12.2011 passed by the learned Additional Sessions Judge, Sakti, District Janjgir-Champa (C.G.), under Sections 323/34 and 302/34 of the Indian Penal Code, 1860. He was sentenced to undergo rigorous imprisonment for three months for the offence under Section 323/34 IPC and to undergo imprisonment for life along with fine of Rs.2,000/- for the offence under Section 302/34 IPC, with a default sentence of four months’ rigorous imprisonment.

5. Aggrieved by the said judgment of conviction and sentence, the petitioner preferred Criminal Appeal No.145/2012 before this Court, which