2026:CGHC:9204-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 107 of 2026 Netram Sahu S/o Gayaram Sahu Aged About 46 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 Wife Shakun Sahu, W/o Netram Sahu, Presently Aged About 42 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)

(Cause-title taken from Case Information System)

For Petitioner : Ms. Aditi Singhvi, Advocate.

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

Digitally signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date:

2026.02.23 +0530 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 05.01.2026 (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 stands convicted for the offences punishable under Sections 147, 148, 452, 302/149, 427, 435/149, 325/149 and 323/149 of the Indian Penal Code, 1860 and was sentenced to undergo imprisonment for life under Section 302 of the IPC vide judgment dated 04.11.2011 passed by the learned Special Judge (Atrocities), District Raipur (C.G.) in Sessions Case No. 47 of 2008. The said judgment of conviction and order of sentence were affirmed by this Court in CRA No. 42 of 2012. The Special Leave Petition preferred by the petitioner, being SLP (Crl.) No. 562 of 2015, was also dismissed by the Hon’ble Supreme Court vide order dated 03.03.2017.

4. It is further submitted by the learned counsel for the petitioner that the petitioner is presently lodged in Central Jail, Raipur and is serving the sentence of life imprisonment. As of August, 2025, he has completed more than 22 years, 03 months and 28 days of imprisonment including remission earned, and more than 17 years and 6 months of actual incarceration. As on date, he has completed more than 22 years of total imprisonment. Upon becoming eligible for consideration of premature release under the provisions of the Chhattisgarh Prison Rules, 1968, an opinion was sought from the learned Presiding Judge. Vide memo dated 27.09.2024, the learned Presiding Judge opined that the Court had no objection if the petitioner was granted remission of sentence.

5. Learned counsel for the petitioner further contended that earlier, the petitioner’s application for remission was rejected by order dated 22.04.2025 on the ground that his case could not be considered in view of the bar contained under Rule 358 of the Chhattisgarh Prison Rules, 1968. The said order was challenged before this Court in WPCR No. 430 of 2025. Vide order dated 29.07.2025, this Court granted liberty to the petitioner to submit a fresh application in light of the amended Rule 358. Pursuant thereto, the petitioner submitted a fresh application before the prison authorities stating that h