2026:CGHC:7771-DB NAFR Digitally signed by SAGRIKA HIGH COURT OF CHHATTISGARH AT BILASPUR SAGRIKA AGRAWAL AGRAWAL Date:

2026.02.13

18:50:26 +0530 WPCR No. 90 of 2026

1 - Jageshwar Sahu S/o Chintaram Sahu Aged About 50 Years R/o Village Newari, Police Station- Suhela, District- Balodabazar-Bhatapara (C.G.), Presently Lodged In Raipur Central Jail, Durg (C.G.), Since In Jail Through His Son Raj Sahu, S/o Jageshwar Sahu, Presently Aged About 22 Years, R/o- Village- Newari, Police Station- Suhela, District- Balodabazar-Bhatapara (C.G.)

... Petitioner(s)

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, Raipur Central Jail, Raipur (C.G.)

4 - Collector, Balodabazar-Bhatapara District- Balodabazar-Bhatapara (C.G.)

... Respondent(s)

For Petitioner(s) : Ms. Aditi Singhvi, Advocate For Respondent(s) : Mr. Priyank Rathi, Govt. Advocate Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha, Chief Justice

12/02/2026

1.

Heard Ms. Aditi Singhvi, learned counsel for the petitioner as well as Mr. Priyank Rathi, learned Govt. 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 quash the order dated 15.12.2025 (Annexure P/1) passed by the respondent authorities and direct the Respondent State to prematurely release the petitioner, in accordance with law, in the interest of justice.

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. "

3.

Brief facts of the case are that the petitioner, presently lodged in Central Jail, Raipur, is undergoing life imprisonment pursuant to judgment dated 04.11.2011 passed by the Special Judge (Atrocities), Raipur in Sessions Case No. 47/2008 under Sections 147, 148, 452, 302/149, 427, 435/149, 325/149 and 323/149 IPC. The petitioner has completed more than 22 years of imprisonment (including remission), with over 17 years of actual custody, and has maintained satisfactory conduct in jail, having been released on parole 13 times without any adverse report. Upon becoming eligible for premature release under the amended Rule 358 of the Chhattisgarh Prison Rules, 1968, and after the Presiding Judge expressed no objection, the petitioner’s application was nevertheless rejected by the State vide order dated

15.12.2025. Hence, this petition.

4.

Learned counsel for the petitioner would submit that the petitioner has completed more than 22 years of imprisonment (including remission), with over 17 years of actual custody, and has maintained satisfactory conduct in jail, having been released on parole 13 times without any adverse report. Upon becoming eligible for premature release under the amended Rule 358 of the Chhattisgarh Prison Rules, 1968, and after the Presiding Judge expressed no objection, the petitioner’s application was nevertheless rejected by the State vide order dated 15.12.2025 solely on the ground of gravity of offence, without assigning cogent reasons or duly considering relevant factors as mandated under Rule 358. It is further contended that similarly co-accused Tijauram Sahu has already been granted the benefit of remission by the order dated 15.12.2025 and copy of the order dated 15.12.2025 has been annexed with the petition as Annexure P/9, and that the impugned rejection order reflects non-application of mind, arbitrary exercise of power under Section 432 Cr.P.C./Section 473 BNSS, and therefore warrants interference by this Hon’ble Court.

5.

Learned State Counsel opposes the submission advanced by learned counsel for the petitioner and submitted that the impugned