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2026:CGHC:22751-DB

NAFR

Digitally signed

INDRAJEET by INDRAJEET

SAHU HIGH COURT OF CHHATTISGARH AT BILASPUR

SAHU

Date: 2026.05.15

13:13:03 +0530

WPCR No. 284 of 2026

1 - Amar Singh Dhruv S/o Panchkoud Dhruv Aged About 37 Years Convicted

Prisoner No. 7246/119 R/o Jangalpara, Nagri, Police Station Nagri District-

Dhamtari (C.G.)

... Petitioner(s)

Versus

1 - State of Chhattisgarh Through The Secretary, Department of Jail,

Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur

(C.G.)

2 - Prison Review Board Through The Jail And Correction Services,

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

3 - Director General (Prisons) Jail And Correction Services, Chhattisgarh Jail

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

4 - Superintendent of Jail Central Jail, Raipur District- Raipur (C.G.)

... Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Shri Rajeev Dubey, Advocate.

For State : Shri Priyank Rathi, Govt. Advocate.

Hon'ble Shri Justice Ramesh Sinha, CJ

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

14.05.2026

Per, Ramesh Sinha, CJ .

1 The petitioner has filed this petition seeking following reliefs:

“10.1 That, this Hon'ble Court may kindly be pleased to issue a

writ in the nature of mandamus quashing the impugned order

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dated 22.03.2026 (Annexure P/1) passed by the Respondent

No.1.

10.2 That, this Hon'ble Court may kindly be pleased to issue a

writ of mandamus directing the Respondent authorities to release

the Petitioner forthwith, holding that he has served the required

sentence and is entitled to remission on the basis of the positive

recommendation of the learned Trial Court dated 21.04.2025.

10.3 That, this Hon'ble Court may kindly be pleased to grant any

other relief, as it may deems fit and appropriate.”

2 Learned counsel for the petitioner submits that the petitioner has been

in custody for more than 20 years including remission and during the

entire period of incarceration his conduct has remained satisfactory. He

would further submit that the petitioner has continuously performed the

work assigned to him in jail honestly and dutifully and has cooperated in

maintaining peace and discipline inside the jail. He would next submit

that the Superintendent, Central Jail, Raipur, while forwarding the case

of the petitioner has given positive recommendation for grant of

remission. He would further submit that the learned Additional Sessions

Judge (F.T.C.), Dhamtari, in exercise of powers under Section 432(2) of

the Cr.P.C., has also furnished a detailed positive opinion dated

21.04.2025 specifically observing that the petitioner does not appear

capable of committing such offence again and that no useful purpose

would be served by keeping him in jail any further. It is further submitted

that the learned Sessions Judge has also taken into consideration the

satisfactory jail conduct of the petitioner, the long period of incarceration

already undergone by him and the adverse effect of continued

detention upon the livelihood of his family members while

recommending remission in favour of the petitioner. Learned counsel

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would further argue that despite the aforesaid positive

recommendations made by the Jail Authorities as well as the learned

Sessions Court, the claim of the petitioner has been rejected solely on

the basis of a negative opinion submitted by the Superintendent of

Police founded upon the opinion of the concerned SHO. He would

submit that the impugned order dated 22.03.2026 is wholly arbitrary,

mechanical and non-speaking inasmuch as no independent reasons

have been assigned by the competent authority while rejecting the

claim of the petitioner for remission. It is contended that the impugned

order merely reproduces that the opinion of the District Magistrate and

Superintendent of Police is negative and, on that basis alone, rejects

the petitioner’s case without considering the relevant materials

available on record. Learned counsel would further submit that while

exercising powers under Section 432 of the Cr.