2026:CGHC:15488-DB Digitally signed by ANURADHA ANURADHA TIWARI NAFR TIWARI Date:

2026.04.07

10:39:00 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 178 of 2026 Manoj Sahu S/o Mansharam Sahu Aged About 37 Years R/o Village- Gorakhpur Kala, Police Chowki- Sahaspur, Police Station- Lohara, District- Kabirdham (C.G.), Presently Lodged In Durg Central Jail, Durg (C.G.) Since In Jail Through His Friend Ankur Gupta, S/o- Mahendra Kumar Gupta, Presently Aged About 41 Years, R/o- Flat No. 406, Anandpuram, Kohkha, Police Station- Supela, Bhilai, District- Durg (C.G.)

... Petitioner versus

1 – State of Chhattisgarh Through- Additional Secretary, Home (Jail) Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- 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 Durg, Central Jail, Durg (C.G.)

4 - Collector Bemetara District- Bemetara (C.G.)

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

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

06 .04.2026

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 petitioner has filed this petition under Article 226 of the Constitution of India, praying for following relief(s) :-

“10.1 The Hon'ble Court may kindly be pleased to quash the order dated 14.02.2026 (Annexure P/1) passed by the respondent authorities and direct the Respondent State in accordance to prematurely release the petitioner, 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. Ms. Aditi Singhvi, learned counsel for the petitioner submits that submitted that the Petitioner herein has been convicted on 29-01- 20211 for offences punishable under Section 302, 392, 120-B, 201 of IPC by the learned Additional Session's Judge Bemetara, District Durg (C.G.) passed in Sessions Trial No. 26/2009 and he is in jail since 26.05.2009 and is undergoing R.I. for life imprisonment and fine and Cr.A No. 135/20211 filed against the said impugned judgment of conviction and order of sentence has also been dismissed by this Hon'ble High Court by upholding the judgment of conviction. She further submitted that the Petitioner is in custody since 26.05.2009 and has undergone more than 20 years of incarceration as on 10.06.2025, thereby becoming eligible for consideration of remission under the applicable policy. During this long period, the Petitioner has maintained good conduct in jail, has shown signs of reformation, and has expressed genuine remorse for his past actions and he has undertaken that he shall not repeat any such offence and desires to reintegrate into society to lead a peaceful life with his family while fulfilling his social and personal responsibilities. She further submits that the learned First Additional Sessions Judge, Bemetara, by order dated 21.08.2024, has given a positive “no objection” opinion for grant of remission, and the Superintendent, Central Jail, Durg, has also recommended his case for remission. It is further submitted that despite the positive recommendations of the trial Court and jail authorities, the District Magistrate, Bemetara, arbitrarily rejected the Petitioner’s claim on 14.02.2026 on vague and speculative grounds, merely stating that there is a possibility of the Petitioner reoffending in future, without any material basis or objective assessment. The authorities have failed to properly consider relevant factors such as the Petitioner’s long incarceration, reformation, good conduct, and favorable recommendations,