2026:CGHC:9207-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 108 of 2026 Rakesh Sahu S/o Ramgarib Sahu, Aged About 34 Years R/o Village Sonesilli, Police Station Gobranawapara District- Raipur, Chhattisgarh, Presently Lodged In Raipur Central, Jail Durg (C.G.) Since In Jail Through His Brother Rajesh Sahu S/o Ramgarib Sahu Aged About 43 Years R/o Village Sonesilly, Police Station Gobranawapara District-

Raipur Chhattisgarh ... 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, Raipur District- Raipur (C.G.)

...Respondent(s)

Digitally signed by BRIJMOHAN (Cause-title taken from Case Information System)

BRIJMOHAN MORLE MORLE Date:

2026.02.23 +0530 For Petitioner : Ms. Aditi Singhvi, Advocate.

For Respondent/State : Mr. Priyank Rathi, Government Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

23 .02 .2026

1. Heard Ms. Aditi Singhvi, learned counsel for the petitioner. Also heard Mr. Priyank 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 The Hon’ble Court may kindly be pleased to quash the order dated 12.12.2025 (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. Learned counsel for the petitioner submits that the petitioner, along with 15 other co-accused persons, was tried for offences punishable under Sections 148, 302/149, 460, 323/149 and 342 of the Indian Penal Code (IPC). Vide judgment and order dated 17.10.2011 passed in Sessions Trial No. 38 of 2009 by the learned Additional Sessions Judge, Gariyaband, District Raipur (C.G.), the petitioner and the co-accused were convicted and sentenced to imprisonment for life (thrice) under Section 302/149 of the IPC, rigorous imprisonment for ten years under Section 460 of the IPC, along with other sentences under Sections 148, 323/149 and 342 of the IPC.

4. It is further submitted by the learned counsel for the petitioner that the petitioner, along with seven other co-accused, preferred criminal appeal bearing CRA No. 315 of 2012 before this Court, while the remaining eight co-accused preferred CRA No. 835 of 2011. This Court, vide judgment dated 08.11.2017, dismissed the appeal preferred by the petitioner and four similarly situated co-accused; however, CRA No. 835 of 2011 preferred by the other co-accused was allowed. The petitioner did not prefer any Special Leave Petition before the Hon’ble Supreme Court against the judgment dated 08.11.2017. The petitioner is presently lodged in Raipur Central Jail and, as of August 2025, has completed more than 21 years, 07 months and 04 days of imprisonment including remission (16 years and 9 months of actual imprisonment). As on date, he has completed more than 22 years of imprisonment including remission.

5. Learned counsel for the petitioner further contends that upon becoming eligible for consideration of premature release under the provisions of the Chhattisgarh Prison Rules, an opinion was sought from the learned Presiding Judge. Vide memo dated 15.04.2024, the learned Presiding Judge expressed no objection to the grant of remission to the petitioner. It is further submitted that the petitioner’s earlier application dated 08.05.2025 was rejected on the ground that his case could not be considered in view of the bar under Rule 358 of th