2026:CGHC:18-DB Digitally signed by ANURADHA NAFR ANURADHA TIWARI TIWARI Date:

2026.01.02

16:53:35 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 649 of 2025 Omprakash S/o Late Shri Setram Aged About 36 Years R/o Village Kurdi, P.S. Malkharouda, Distt. Sakti, Chhattisgarh.

... Petitioner versus

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

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

3 - The Jail Superintendent Central Jail Bilaspur, Chhattisgarh.

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

For Petitioner : Mr. Rishi Rahul Soni, Advocate For Respondents-State : Mr. Nitansh Jaiswal, Deputy Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

02.01.2026

1. Heard Mr. Rishi Rahul Soni, learned counsel for the petitioner as well as Mr. Nitansh Jaiswal, learned Deputy 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 commanding the respondents to consider and decide the case/prayer of the petitioner for remission of rest part of sentence under section 432 of the Code of Criminal Procedure 1973/473 of Bharatiya Nagrik Suraksha Sanhita, 2023 as early as possible preferably within a period of 30 days or within any other suitable period; and

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

3. Mr. Rishi Rahul Soni, learned counsel for the petitioner submits that the petitioner is a prisoner presently lodged in Central Jail, Bilaspur (C.G.) and has been continuously in judicial custody since 15.11.2009. It is submitted that the petitioner was convicted vide judgment dated 13.05.2011 passed by the learned Additional Sessions Judge, Sakti, District Janjgir-Champa (C.G.) in Sessions Case No. 26/2010 for offences punishable under Sections 341, 324/34 (two counts) and 302/34 of the Indian Penal Code, 1860, and was sentenced to undergo simple imprisonment, rigorous imprisonment and life imprisonment with fine, as detailed in the said judgment.

4. Mr. Soni further submits that the criminal appeal filed by the petitioner, being Criminal Appeal No. 522/2011, was dismissed by this Court vide judgment dated 29.01.2018. Thereafter, in September 2024, the petitioner submitted an application from jail seeking remission of the remaining part of his sentence under Section 432 of the Code of Criminal Procedure, 1973. Pursuant thereto, a memo dated 28.09.2024 was issued by respondent No. 3 seeking opinion of the learned 1st Additional Sessions Judge, Sakti (C.G.), who, vide order dated 21.10.2024, conveyed no objection to the grant of remission in favour of the petitioner.

5. It is further submitted by Mr. Soni that subsequently, vide letter dated 19.07.2025, respondent No. 3 sought the opinion of the District Magistrate, Janjgir-Champa (C.G.) in the prescribed format for the purpose of premature release of the petitioner. However, learned counsel submits that from September 2024 till August 2025, the jail authorities have failed to take timely and effective steps for consideration of the petitioner’s case for remission and have merely confined themselves to obtaining opinions, resulting in inordinate delay. The said inaction and delay are clearly borne out from the documents obtained by the petitioner under the Right to Information Act, 2005. He further submits that the petitioner has already undergone more than 16 years of actual incarceration and has co