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Digitally signed by

MOHAMMED

AADIL KHAN

Date: 2026.07.21

15:38:49 +0530

CGHC010267252026 2026:CGHC:30564-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPCR No. 386 of 2026

1 - Mohan S/o Nadi Panka, Aged About 54 Years, R/o Village Udiyapal,

Talpara, Chowki Bakawand, Police Station Nagarnar, District- Bastar

(C.G.) Present Address Cenral Jail Bastar Place Jagdalpur (C.G.)

... Petitioner

versus

1 - State of Chhattisgarh Through The Secretary, Department of Home/

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

(C.G.)

2 - Secretary, Department of Law, Mahanadi Bhawan, Atal Nagar, Nawa

Raipur, District- Raipur (C.G.)

3 - Director General (Jail), The Jail and Correctional Services, Mahanadi

Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.)

4 - Chhattisgarh Rajya Dandadesh Punarvilokan Board, Through its

Secretary, Office At Raipur, District- Raipur (C.G.)

5 - District Magistrate / Collector, Bastar, Place Jagdalpur (C.G.)

6 - Superintendent of Police, Bastar, Place Jagdalpur (C.G.)

7 - Jail Superintendent , Central Jail Bastar, Place Jagdalpur (C.G.)

... Respondents

(Cause-title taken from Case Information System)

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For Petitioner : Ms. Pushpa Dwivedi, Advocate.

For State/Respondents : Mr. Saumya Rai, Deputy Govt. Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice

Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

20-07-2026

1. Heard Ms. Pushpa Dwivedi, learned counsel for the petitioner.

Also heard Mr. Saumya Rai, learned Deputy Govt. Advocate,

appearing for the State/respondents.

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

the following relief(s):

“”10.1 That, this Hon’ble Court be pleased to issue writ of

certiorari setting aside the impugned order dated

05-01-2026 (Annexure P-1) passed by the

respondent No.1 and may kindly be pleased to

direct the respondent state authority to reconsider

the application of the petitioner for remission of jail

sentence/premature release.

10.2 That, this Hon’ble Court may kindly be pleased to

grant any other relief, as it may deems fit and

appropriate.”

3. The facts of the case in brief are that, an offence was registered

against the petitioner for commission of murder of Kanak Bai and

assault on one Kamlu on the land disputes on 17-05-2010 and the

FIR was registered on the basis of complaint made by the

complainant Duryodhan and during the trial the petitioner was

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charged under Section 302 and 307 of Indian Penal Code and

after detailed trial, the petitioner was convicted for the offence

under Section 307 of the IPC and sentenced for R.I. for 07 years

and fine amount of Rs.200/-and in default 06 months additional

imprisonment and for the offence under Section 302 of the IPC

and sentenced for Life Imprisonment with Rs.100/-fine and in

default 06 months additional imprisonment in S.T. No.68/2010 by

the judgment of conviction and sentence dated 14-03-2013.

Against the judgment of conviction and sentence dated

14-03-2013, the petitioner preferred Criminal Appeal No.463 of

2013 before this Court and the said criminal appeal was

dismissed by the Division Bench of this Court vide judgment dated

20-09-2021. The petitioner was serving his sentence in the above

conviction and sentence and had served more than 14 years and

the case of petitioner was subjected to consideration under the

Provision of Rule 358 of Chhattisgarh Prisoner Rules, 1968 (in

short ‘the Rules,1968’) and Section 432 of CrPC. The case of

petitioner was considered for remission of his jail sentence and in

the process, the respondent No.7 forwarded his recommendation

favouring the petitioner to the Presiding Judge for Court’s opinion

over the remission of the petitioner and the concerned Court has

given opinion in favour of the petitioner vide memo dated 09-01-

2025. Thereafter, the issue of remission in respect of the

petitioner was forwarded to respondent No.4 who relying upon the

opinion of District Magistrate and Superintendent of Police

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(respondents No.5 and 6) gave recommendatio