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2026:CGHC:13926-DB NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 161 of 2026

Gopal Ram S/o Shiv Kumar Sahu, aged about 36 years Convicted Prisoner No. 3831/2019 R/o Village- Gorakhpur Police Station Sahaspur

Lohara District- Kabirdham (C.G.)

... Petitioner ROHIT KUMAR versus

CHANDRA Digitally signed 1 - State of Chhattisgarh Through- The Secretary Department of Home by ROHIT KUMAR

CHANDRA Affairs (Jail) Mahanadi Bhawan New Mantralaya Atal Nagar Nawa Raipur District- Raipur (C.G.)

2 - The Upper Chief Secretary Department of Jail Mahanadi Bhawan New Mantralaya Atal Nagar Nawa Raipur District- Raipur (C.G.)

3 - The Director General Jail and Correctional Services Jail Headquarter Sector 19 Atal Nagar Nava Raipur, District- Raipur (C.G.)

4 - The Superintendent of Jail Central Jail- Durg District- Durg (C.G.)

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

For Petitioner : Mr. Abhishek Saraf, 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

24 . 03 .202 6

1. Heard Mr. Abhishek Saraf, learned counsel for the petitioner. Also heard Mr. Priyank Rathi, learned Government Advocate, appearing for

the State/respondents.

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2. The present writ petition has been filed by the petitioner with the

following prayers:

“10.1 That, the Hon'ble Court may kindly be pleased to set aside the impugned order 14-02-2026 passed by the Respondent no.2 (Annexure P/1) and kindly grant the remission prescribed under section 473 of the

BNSS/432(2) of the Cr.P.C.

10.2 That, the Hon'ble Court may kindly be pleased to further issue an appropriate writ by directing the respondent's authority to proceed the petitioner's matter for grant of remission under section 432(2) Cr.P.C. in accordance with law laid down by the Hon'ble Apex Court and take decision accordingly afresh for grant of remission to the petitioner within stipulated time and disposed off the petition with that directions as passed in similar matter by this Hon'ble Court in WP(Cr.)No. 445/2025 Deepan Singh order

dated 05-08-2025.

10.3 Any other relief which this Hon'ble Court may deem fit and proper in favour of the petitioner may

kindly be passed.”

3. 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. He further submitted that the

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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. 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. He further submits that the learned First Additional Sessions Judge, Bemetara, by order dated 03.12.2024, 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 16.09.2025 on vague and speculative grounds, merely stating that there is a poss