Raghawendra Singh v. State of Chhattisgarh

For Petitioner For Respondents/State : Mr. Priyank Rathi, Government Advocate : Mr. Rishi Rahul Soni, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Per Ramesh Sinha , Chief Justice Order on Board 23 . 06 .202 6

1. Heard Mr. Rishi Rahul Soni, 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 2 following prayers: “10.1 The Hon'ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for it's kind perusal;

10.2 The Hon'ble Court may kindly be pleased to issue a suitable writ, order or direction commanding the respondents to consider and decide the case/prayer of the petitioner for remission of rest part of sentence under section 432 of the Code of Criminal Procedure 1973 (now under section 473 of Bharatiya Nagrik Suraksha Sanhita 2023) and under Rule 358 of C.G. Prisons Rule 1968 as early as possible preferably within a period of 30 days or within any other suitable period; and

10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner.”

3. Learned counsel for the petitioner submits that the petitioner is a convicted prisoner presently undergoing life imprisonment and is detained in Central Jail, Bilaspur (C.G.). The petitioner has already undergone more than 15 years of actual imprisonment and more than 20 years of imprisonment including earned remission, and therefore, his case is squarely liable to be considered for premature release/remission under Section 432 of the Code of Criminal Procedure, 1973 (now Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and Rule 358 of the Chhattisgarh Prisons Rules, 1968. It is submitted that the petitioner submitted an application for premature release on

19.07.2025, pursuant to which the opinion of the learned sentencing Court was sought and the same was duly given on 04.08.2025, wherein no objection was raised for consideration of the petitioner’s case for 3 remission, subject to compliance with the applicable rules. Learned counsel further submits that thereafter, the petitioner again submitted an application in November, 2025 for remission of the remaining sentence; however, despite the petitioner fulfilling the requisite conditions and despite preparation of the jail report dated 31.12.2025, the respondent authorities have failed to take any effective steps and the application of the petitioner is kept pending for an unreasonable period. It is submitted that the right to consideration of an application for remission is a valuable statutory right and the authorities are required to consider such applications expeditiously and in accordance with law. The prolonged and unexplained delay on the part of the respondents in deciding the petitioner’s case is arbitrary and violative of Article 14 of the Constitution of India. It is, therefore, prayed that this Hon’ble Court may kindly direct the respondent authorities to decide the pending application of the petitioner for premature release/remission of the remaining sentence within a stipulated period, in accordance with Section 432 Cr.P.C./Section 473 BNSS and Rule 358 of the Chhattisgarh Prisons Rules, 1968.

4. Learned State counsel submits that the case of the petitioner for premature release/remission of the remaining sentence is under active consideration before the competent authority and the necessary proceedings in accordance with the applicable provisions of law and jail rules have already been initiated. It is submitted that the jail authorities have prepared the necessary report and have also sought the requisite opinion from the concerned authorities. The matter is presently pending 4 at the appropriate level for completion of the remaining formalities and for consideration by the competent authority. Learned State counsel fairly submits that the claim/application of the petitioner for premature release shall be considered and decided expeditiously, preferably within a short period, in accordance with the provisions contained in Section 432 of the Code of Criminal Procedure, 1973 (now Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and Rule 358 of the Chhattisgarh Prisons Rules, 1968.

5. Having heard learned counsel appearing for the parties and upon perusal of the pleadings and documents placed on record, this Court finds that the grievance of the petitioner is confined to the non- consideration and non-disposal of his pending application for premature release/remission of the remaining part of sentence.

6. It is not in dispute that the petitioner has submitted an application for premature release/remission on 19.07.2025 and thereafter again in November, 2025. It is also evident from the record that the jail authorities have initiated the process by preparing the jail report dated

31.12.2025 and have sought the opinion of the concerned authorities. However, the application of the petitioner is still pending consideration before the competent authority. The learned State counsel has submitted that the case of the petitioner is under active consideration and an appropriate decision shall be taken expeditiously in accordance with the provisions of law.

7. Considering the nature of relief sought by the petitioner and the statement made by the learned State counsel, this Court is of the 5 opinion that no further adjudication on the merits of the claim of the petitioner is required at this stage. The competent authority is under an obligation to consider and decide the application for premature release/remission in accordance with the applicable provisions contained under Section 432 of the Code of Criminal Procedure, 1973 (now Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and Rule 358 of the Chhattisgarh Prisons Rules, 1968.

8. Accordingly, without expressing any opinion on the merits of the claim of the petitioner, the present writ petition is disposed of with a direction to the competent authority of the respondent-State to consider and decide the pending application of the petitioner for premature release/remission of the remaining part of sentence by passing a reasoned and speaking order, strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The decision so taken shall be communicated to the petitioner forthwith.

9. The Director General (Prison), State of Chhattisgarh is directed to ensure that the prisoners with identical situation be provided all the proper assistance for making a requisite application for remission in pursuance of the amended provision given in Rule 358 of C.G. Prisons Rule, 1968.

10. Registrar (Judicial) is directed to transmit the copy of this order to the Director General (Prison), State of Chhattisgarh forthwith for necessary information and follow up action. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Chief Justice Judge Chandra