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2026:CGHC:6458-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPCR No.78 of 2026

Jaspal Kanwar S/o Chamra Singh Kanwar Aged About 32 Years

R/o Telsara, Police Station Bankimongra, District : Korba,

Chhattisgarh ... Petitioner

versus

1 - State Of Chhattisgarh Through Principal Secretary, Department

Of Home (Jail), Govt. Of Chhattisgarh Mantralaya, Manahadi

Bhavan, Atal Nagar, Nava Raipur, District- Raipur, C.G. 492002

2 - Director General Jail And Correctional Services, Jail

Headquarter, Sector- 19, Nava Raipur Atal Nagar, District : Raipur,

Chhattisgarh

3 - District Magistrate Katghora, District : Korba, Chhattisgarh

SISTLA

NEELIMA 4 - Superintendent Central Jail Bilaspur, District : Bilaspur,

VISHNU PRIYA

Chhattisgarh ... Respondents

Digitally signed by

SISTLA NEELIMA

VISHNU PRIYA

Date: 2026.02.06

10:56:33 +0530

(Cause-title taken from Case Information System)

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For Petitioner : Ms. Sakshi Gupta, Advocate.

For Respondents/State : Mr. Priyanka Rathi, G.A.

Hon'ble Shri Ramesh Sinha, Chief Justice

Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

05.02.2026

1. Heard Ms. Sakshi Gupta, learned Counsel for the Petitioner.

Also heard Mr. Priyanka Rathi, learned Government Advocate

appearing for the State/Respondents.

2. The present Writ Petition has been filed by the Petitioner with

the following prayers:

“10.1 That this Hon'ble Court may kindly be

pleased to issue a writ of mandamus thereby

directing the respondents to release Petitioner as

he has completed 4 years 6 months of his Jail

sentence excluding the period of remission and 7

years of his Jail sentence including remission.

10.2 That, the Hon'ble Court kindly be pleased to

direct the respondent authorities to pass order

deciding the remission of the petitioner/convict in

light of the provisions of law and dictum given by

the Hon'ble Supreme Court in Lakshman Naskar

Vs. Union of India and Ram Chander Vs. State of

Chhattisgarh & Another.

10.3 That this Hon'ble court may be further pleased

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to pass any other consequential and other orders/

writs which this Hon'ble court deems just and

proper in the facts and circumstances of the case.”

3. The Petitioner was convicted for the offence punishable under

Section 302 of the Indian Penal Code (IPC). The trial was

conducted before the 1^st Additional Sessions Judge, Katghora,

District Korba (C.G.), and by judgment dated 09.11.2023 passed in

Sessions Trial No. 89/2021, the Petitioner was convicted under the

aforesaid provisions and sentenced to undergo rigorous

imprisonment for life along with a fine of Rs. 2,000/- plus usual

default stipulation.

4. It is submitted by learned Counsel for the Petitioner that the

Petitioner has filed an application on 13.11.2025 after completing 4

years 6 months of punishment excluding remission and more that 7

years including remission, which is pending before the

Respondent-authorities. She further submits that the Petitioner is

eligible to be considered for pre-mature release under Section 432

of the Cr.P.C. (now Section 473 of the Bharatiya Nagrik Suraksha

Sanhita, 2023). She further submits that insofar as pre-mature

release is concerned, the provisions contained in Rule 698 of the

Chhattisgarh Prisoners Rules, 1968, are relevant to the present

case. As per Rule 698, a life convict who has completed 14 years

of imprisonment together with earned remission is eligible to be

considered for pre-mature release under Section 432 of the Cr.P.C.

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(now Section 473 of the Bharatiya Nagrik Suraksha Sanhita, 2023).

It is lastly submitted that in a similar matter, i.e., WPCR No. 189 of

2024 (Shameem @ Shameeuddin vs. State of Chhattisgarh &

Others), this Hon’ble Court remitted the matter to the State

Government for reconsideration of the Petitioner’s application for

remission whereas, the present case stands on an analogous

footing inasmuch as the Petitioner’s application for remission is still

pending consideration. In the said case, the State Government

was directed to call for the opinion of the concerned lea