2026:CGHC:2710-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 28 of 2026 Mahendar Dewar S/o Nuksa Dewar Aged About 47 Years R/o Itawari Bazar, Khairagarh, Police Station- Khairagarh, District- Rajnandgaon (C.G.) At Present District- Khairagarh-Chhuikhadan-Gandai (C.G.) And Presently At Central Jail Durg, District Durg (C.G.)

... Petitioner versus

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

2 - The Jail And Correctional Services Chhattisgarh Through The Director General Prisoners, Jail Road Raipur, District- Raipur (C.G.)

3 - The Jail Superintendent Central Jail Durg, District- Durg (C.G.)

4 - The District Magistrate Khairagarh, District- Khairagarh-Chhuikhadan-

Gandai (C.G.)

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

For Petitioner : Mr. Paras Mani Shriwas, Advocate For Respondents/State : Mr. Nishant Kumar Jaiswal, Deputy Govt. Advocate Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal, Judge

Order on Board

VED PRAKASH Per Ramesh Sinha, C.J.

DEWANGAN Digitally signed 16/01/2026 by VED PRAKASH DEWANGAN Date: 2026.01.19 1. The petitioner, who is presently in Central Jail Durg, as Prisoner No.

3054/17 has filed the present petition under Article 226 of the Constitution of India challenging the Judgment of conviction and order of sentence passed on 29.08.2009, by the learned Additional Session Judge Khairagarh, District Rajnandgaon (C.G.), in the Session Trial No. 23/2008. He has been convicted Under Section 376 (1) and 302 of Indian Penal Code, whereby convicted for the period of 7 years with fine rupees 1000/- in default of fine amount 3 months additional R.I. and Sentence for Life Imprisonment with fine rupees 1000/- in default of fine amount 3 months additional R.I. Both the Sentence are directed to run concurrently. The petitioner has underwent more than 23 years imprisonment with the remission period, whereas a prisoner who served atleast 20 years imprisonment with remission period has becomes eligible for the benefit of release earlier from jail. But the respondent No. 01 has rejected the petitioner’s application after approval of the concern trial Court.

2. The petitioner has filed the present petition with the following prayer:-

“(i) That, the Hon'ble Court may kindly be pleased to call the entire record from the respondent authorities pertinent to petitioner's case for kind perusal of the Hon'ble High Court.

(ii) That, the Hon'ble Court may kindly be pleased to quash/set-aside the order/letter dated 19.03.2025

(Annexure P-1) passed by respondent No. 01, whereby

rejected the claim of petitioner for releasing him from

jail after given the benefit of remission.

(iii) That, the Hon'ble Court may kindly pleased to

direct the concern respondents authorities be

considered the petitioner’s claim afresh and he may be release from jail after given the benefit of remission.

(iv) Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favor of the petitioner.”

3. The brief facts of the case, as projected by the petitioner, is that the petitioner, a citizen of India and an inmate at Central Jail Durg (Prisoner No. 3054/17), was convicted under Sections 302 and 376(1) of the Indian Penal Code and has served over 22 years of imprisonment, including remission periods. On January 1, 2023, the petitioner applied for release on the grounds of remission to the Jail Superintendent (Respondent No. 3), who subsequently sought the opinion of the concerned trial court on January 3, 2023. Despite the trial court issuing a "No Objection" letter on January 4, 2023, and the subsequent submission of all required documentation to the superior authorities, Respondent No. 1 rejected the petitioner’s claim for release via an order dated March 19, 2025, leading to the filing of the current petition.

4. Learned