Anand Dheemar vs State Of Chhattisgarh on 15 July, 2026

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    Chattisgarh High Court

    Anand Dheemar vs State Of Chhattisgarh on 15 July, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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                           CGHC010254822026                                       2026:CGHC:29889-DB
                                                                                              NAFR
    
                                       HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                                    WPCR No. 392 of 2026
    
                           Anand Dheemar S/o Shri Dashrath @ Jolo Dheemar Aged About 40
    
                           Years (About 22 Years At The Time Of Entry Into Jail), R/o Village-
    
                           Mudpar, Police Station- Naila (Earlier It Was Police Outpost- Naila,
    
                           Police Station Janjgir), District- Janjgir-Champa (C.G.)
    
                                                                                      ... Petitioner(s)
    
                                                             versus
    
                           1.    State of Chhattisgarh Through- The Secretary, Jail Department,
    
                                 Mantralaya, Mahanadi Bhawan, Raipur (C.G.)
    
                           2.    The Under Secretary State of Chhattisgarh, Jail Department,
    
                                 Mantralaya, Mahanadi Bhawan, Raipur (C.G.)
    
                           3.    The    Director   General   Prisons And     Correctional     Services
    
                                 Chhattisgarh, Head Quarter- Prisons And Correctional Services
    
                                 Chhattisgarh, Raipur (C.G.)
    
                           4.    The Jail Superintendent Central Jail, Bilaspur (C.G.)
    
                                                                                  ...Respondent(s)

    (Cause-title taken from Case Information System)

    Digitally
    signed by
    For Petitioner : Mr. Rishi Rahul Soni, Advocate.

    SPONSORED
                           For Respondent/State         :      Mr. Priyank Rathi, Government
              BRIJMOHAN
    BRIJMOHAN MORLE
    MORLE     Date:
              2026.07.15
    
    
                                                               Advocate.
              17:59:17
              +0530
                                             2
    
                   Hon'ble Shri Ramesh Sinha, Chief Justice
    

    Hon’ble Shri Ravindra Kumar Agrawal, Judge
    Order on Board
    Per Ramesh Sinha, Chief Justice

    15.07.2026

    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

    following prayers:

    “10.1 The Hon’ble Court may kindly be pleased to call
    for entire records pertaining to the case of the
    petitioner for it’s kind perusal;

    10.2 The Hon’ble Court may kindly be pleased to
    issue a suitable writ, order or direction and quash/set-
    aside the order dated 15.01.2026 (Annexure P/1)
    issued/passed by the respondent No. 2;

    10.3 The Hon’ble Court may kindly be pleased to
    issue a suitable writ, order or direction commanding
    the respondent authorities to grant the petitioner
    remission under 473 of Bharatiya Nagrik Suraksha
    Sanhita 2023/432 of the Code of Criminal Procedure
    1973 and under Rule 358 of C.G. Prisons Rule 1968
    and to release the petitioner by granting remission of
    rest part of the sentence imposed upon the petitioner
    vide judgment of conviction and sentence dated
    10.06.2009 passed by the learned Additional Session
    Judge, Janjgir, District Janjgir-Champa (C.G.) in
    Session Trial No. 162 of 2008; and
    3

    10.4 Any other relief, which this Hon’ble Court may
    deem fit and proper looking to the facts and
    circumstances of the case, may also kindly be granted
    in favour of the petitioner.”

    3. Learned counsel for the petitioner submits that the petitioner is a

    convicted prisoner presently lodged in Central Jail, Bilaspur (C.G.). It is

    submitted that the petitioner remained in custody from 04.08.2008 to

    29.08.2020 and is again in custody since 27.01.2021. Thus, the

    petitioner has undergone about 17 years and 06 months of actual

    imprisonment. It is further submitted that, as per the information dated

    19.03.2026 supplied under the Right to Information Act, 2005, the

    petitioner has earned 05 years, 10 months and 11 days of remission.

    Consequently, the petitioner has completed more than 23 years of

    sentence, including earned remission.

    4. Learned counsel for the petitioner further submits that the

    petitioner was convicted vide judgment dated 10.06.2009 passed by the

    learned Additional Sessions Judge, Janjgir, District Janjgir-Champa

    (C.G.) in Sessions Case No. 162/2008 for the offences punishable

    under Sections 147, 148, 302/149 (three counts) and 307/149 of the

    IPC. He was sentenced to undergo rigorous imprisonment for 02 years

    under Section 147 IPC, 03 years under Section 148 IPC, imprisonment

    for life under Section 302/149 IPC in respect of the murders of

    Chhedilal, Bablu @ Pradeep and Bhuru @ Parmanand, and 07 years’

    rigorous imprisonment under Section 307/149 IPC in respect of the

    injured Birichh Ram, along with the respective fines and default
    4

    stipulations. He also submitted that the petitioner’s appeal, being

    Criminal Appeal No. 598/2014, was dismissed by this Court vide

    judgment dated 13.05.2014. Thereafter, the petitioner’s appeal before

    the Hon’ble Supreme Court, being Criminal Appeal No. 197/2018, also

    came to be dismissed vide order dated 23.01.2018.

    5. It is further contended Learned counsel submits that thereafter the

    petitioner’s case for remission under Section 432 of the Cr.P.C. was

    initiated. Accordingly, by letter dated 16.10.2023, the matter was

    referred to the learned 1st Additional Sessions Judge, Janjgir, District

    Janjgir-Champa, for opinion. The learned Judge, vide letter dated

    01.11.2023, expressed no objection to the petitioner’s release by grant

    of remission. Thereafter, on 06.02.2024, the petitioner’s case was

    forwarded to the competent authority. He further submitted that,

    however, the Under Secretary, State of Chhattisgarh, Jail Department,

    Raipur, by order dated 04.09.2024, rejected the petitioner’s claim for

    remission on the ground that, in view of Rule 358(3)(g)(two) of the C.G.

    Prisons Rules, 1968, the benefit of Section 432 Cr.P.C. could not be

    extended to the petitioner.

    6. Learned counsel for the petitioner further stated that being

    aggrieved, the petitioner filed WPCR No. 106/2025 on 14.02.2025,

    challenging both the validity of Rule 358(3)(g)(two) of the C.G. Prisons

    Rules, 1968 and the order dated 04.09.2024. The said writ petition was

    allowed by this Court vide order dated 21.03.2025, whereby the order

    dated 04.09.2024 was set aside and the matter was remitted to the
    5

    State Government with a direction to reconsider the petitioner’s case

    afresh after obtaining a fresh opinion from the concerned Sessions

    Judge. The State Government was further directed to decide the

    petitioner’s application within two months from the date of receipt of

    such opinion. He further submitted that, pursuant to the aforesaid order,

    the petitioner submitted a fresh application for remission on 30.03.2025.

    Thereafter, the Jail Superintendent, Central Jail, Bilaspur, by letter dated

    01.04.2025, sought the opinion of the learned Sessions Judge, Janjgir-

    Champa. The petitioner also submitted representations dated

    07.04.2025, which were forwarded on 08.04.2025 to the concerned

    authorities along with a copy of the order dated 21.03.2025. Since no

    opinion was received, a reminder was issued on 10.05.2025, and

    thereafter, the learned 1st Additional Sessions Judge, Janjgir, vide

    memo dated 20.05.2025, once again expressed no objection to the

    petitioner’s release on remission.

    7. Learned counsel for the petitioner further submits that thereafter

    the petitioner’s case was forwarded to the Director General, Prisons and

    Correctional Services, Chhattisgarh, on 29.05.2025. The petitioner also

    submitted an application in August, 2025 seeking his release. On

    27.08.2025, the Jail Superintendent prepared the jail report under Rule

    358 of the C.G. Prisons Rules, 1968 and, on the same day, sought the

    opinion of the District Magistrate, Janjgir-Champa, regarding the

    petitioner’s premature release. Subsequently, on 24.09.2025, the

    petitioner’s case, along with the relevant case details, was again

    forwarded to the Director General, Prisons and Correctional Services,
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    Chhattisgarh.

    8. It is lastly submitted that despite the earlier order passed by this

    Court and the favourable opinions of the learned Sessions Judge dated

    01.11.2023 and 20.05.2025, respondent No. 2, by order dated

    15.01.2026, again rejected, in substance, the petitioner’s case for

    premature release by exercising powers under Section 473(1) of the

    Bharatiya Nagarik Suraksha Sanhita, 2023 [corresponding to Section

    432(1) of the Cr.P.C.], solely on the ground that, in view of Rule 358(6)

    of the C.G. Prisons Rules, 1968, the case of a prisoner convicted in a

    triple murder case could be placed before the State Sentence Review

    Board only after completion of 20 years of actual imprisonment and,

    since the petitioner had not completed the said period of actual

    imprisonment, his case was held to be not fit for consideration. Hence,

    the present petition.

    9. On the other hand, learned State counsel opposes the petitioner’s

    application for remission and submits that the authorities have rightly

    rejected the prayer for grant of remission.

    10. We have heard learned counsel for the parties, perused the

    pleadings and documents appended thereto.

    11. In order to consider the plea raised at the Bar, it would be

    appropriate to notice Section 432 of the Cr.P.C (now under Section 473

    of the Bharatiya Nagarik Suraksha Sanhita, 2023) which states as

    under :-

    “432. Power to suspend or remit sentences.–(1)
    7

    When any person has been sentenced to punishment
    for an offence, the appropriate Government may, at
    any time, without conditions or upon any conditions
    which the person sentenced accepts, suspend the
    execution of his sentence or remit the whole or any
    part of the punishment to which he has been
    sentenced.

    (2) Whenever an application is made to the
    appropriate Government for the suspension or
    remission of a sentence, the appropriate Government
    may require the presiding Judge of the Court before or
    by which the conviction was had or confirmed, to state
    his opinion as to whether the application should be
    granted or refused, together with his reasons for such
    opinion and also to forward with the statement of such
    opinion a certified copy of the record of the trial or of
    such record thereof as exists.

    (3) If any condition on which a sentence has been
    suspended or remitted is, in the opinion of the
    appropriate Government, not fulfilled, the appropriate
    Government may cancel the suspension or remission,
    and thereupon the person in whose favour the
    sentence has been suspended or remitted may, if at
    large, be arrested by any police officer, without
    warrant and remanded to undergo the unexpired
    portion of the sentence.

    (4) The condition on which a sentence is suspended
    or remitted under this section may be one to be
    fulfilled by the person in whose favour the sentence is
    suspended or remitted, or one independent of his will.

    (5) The appropriate Government may, by general rules
    or special orders, give directions as to the suspension
    8

    of sentences and the conditions on which petitions
    should be presented and dealt with:

    Provided that in the case of any sentence (other than
    a sentence of fine) passed on a male person above
    the age of eighteen years, no such petition by the
    person sentenced or by any other person on his
    behalf shall be entertained, unless the person
    sentenced is in jail, and:

    (a) where such petition is made by the person
    sentenced, it is presented through the officer in charge
    of the jail; or

    (b) where such petition is made by any other person, it
    contains a declaration that the person sentenced is in
    jail.

    (6) The provisions of the above sub-sections shall also
    apply to any order passed by a Criminal Court under
    any section of this Code or of any other law which
    restricts the liberty of any person or imposes any
    liability upon him or his property.

    (7) In this section and in Section 433 of the Cr.P.C.

    (now under Section 474 of the BNSS), the expression
    “appropriate Government” means,–

    (a) in cases where the sentence is for an offence
    against, or the Criminal Appeal @ Special Leave
    Petition (Crl.) No. 6166 of 2023 (page 7 to 17) order
    referred to in sub-section (6) is passed under, any law
    relating to a matter to which the executive power of
    the Union extends, the Central Government;

    (b) in other cases, the Government of the State within
    which the offender is sentenced or the said order is
    passed.” (emphasis added) Under sub-section (1) of
    Section 432 of the CrPC, the appropriate Government
    9

    has the power to remit the whole or any part of the
    punishment of a convict. The remission can be
    granted either unconditionally or subject to certain
    conditions. As expressly provided under sub-section
    (1) of Section 432, actual remission takes effect only
    after the convict accepts the conditions. Thus, there is
    no doubt that there exists a power in the appropriate
    Government to grant remission subject to compliance
    with conditions.”

    12. Insofar as the exercise of power under sub-section (1) of Section

    432 of the Cr.P.C. is concerned, the Constitution Bench in the case of

    Union of India vs. V. Sriharan alias Murugan & Others, reported in

    (2016) 7 SCC 1 has approved the view taken by the Hon’ble Supreme

    Court in the case of Mohinder Singh vs. State of Punjab, reported in

    (2013) 3 SCC 294. The view taken is that the decision to grant

    remission has to be well-informed, reasonable and fair to all concerned.

    13. In Mafabhai Motibhai Sagar v. State of Gujarat & Others, in

    CRA No. 4370 of 2024, decided on 21.10.2024, the Hon’ble Apex Court

    has observed as under:

    “11. It is no doubt true that the power to remit a
    sentence under Section 432(1) of the Cr.P.C. is
    discretionary. One of the considerations for the
    exercise of the discretion can be public interest. The
    gravity and nature of the offences committed by the
    convict are also factors to be considered. The
    antecedents of the convict are also relevant. Almost all
    the States have a written policy on the grant of
    remission under Section 432(1) of the Cr.P.C. For
    example, the 1st respondent, the State of Gujarat, has
    10

    a policy that forms part of the Government Resolution
    dated 23rd January 2014, which was amended from
    time to time. The said Government Resolution
    incorporates guidelines/policy for consideration of
    cases for grant of remission and premature release of
    prisoners. The existence of a rational policy is
    necessary to prevent the arbitrary exercise of power to
    grant a remission under Section 432(1) of the Cr.P.C.
    A convict cannot seek remission as a matter of right.
    However, he has a right to say that his case for the
    grant of remission ought to be considered in
    accordance with the law. The power under sub-section
    (1) of Section 432 of the CrPC has to be exercised in
    a fair and reasonable manner. Therefore, conditions
    imposed while exercising the power under sub-section
    (1) of Section 432 of the Cr.P.C. must be reasonable.

    The conditions must stand the test of scrutiny of
    Article 14 of the Constitution of India. If the conditions
    imposed are arbitrary, the conditions will stand vitiated
    due to violation of Article 14 of the Constitution of
    India. Such arbitrary conditions may also violate the
    convict’s rights under Article 21 of the Constitution of
    India.

    xxx xxx xxx

    17. Our conclusions can be summarised as under:

    (i) Under subsection (1) of Section 432 of the CrPC or
    sub section (1) of Section 473 of the BNSS, the
    appropriate Government has the power to remit the
    whole or any part of the punishment of a convict. The
    remission can be granted either unconditionally or
    subject to certain conditions;

    (ii) The decision to grant or not to grant remission has
    11

    to be well informed, reasonable and fair to all
    concerned;

    (iii) A convict cannot seek remission as a matter of
    right. However, he has a right to claim that his case for
    the grant of remission ought to be considered in
    accordance with the law and/or applicable policy
    adopted by the appropriate Government;

    (iv) Conditions imposed while exercising the power
    under subsection (1) of Section 432 or subsection (1)
    of Section 473 of the BNSS must be reasonable. If the
    conditions imposed are arbitrary, the conditions will
    stand vitiated due to violation of Article 14. Such
    arbitrary conditions may violate the convict’s rights
    under Article 21 of the Constitution;

    (v) The effect of remitting the sentence, in part or full,
    results in the restoration of liberty of a convict. If the
    order granting remission is to be cancelled or revoked,
    it will naturally affect the liberty of the convict. The
    reason is that when action is taken under subsection
    (3) of Section 432 of the CrPC or subsection (3) of
    Section 473 of the BNSS, it results in the convict
    being taken to prison for undergoing the remaining
    part of the sentence. Therefore, this drastic power
    cannot be exercised without following the principles of
    natural justice. A show cause notice must be served
    on the convict before taking action to withdraw/cancel
    remission. The show cause notice must contain the
    grounds on which action under sub section (3) of
    Section 432 of the CrPC or subsection (3) of Section
    473 of BNNS is sought to be taken. The concerned
    authority must give the convict an opportunity to file a
    reply and of being heard. After that, the authority must
    12

    pass an order stating the reasons in brief. The convict
    can always challenge the order of cancellation of
    remission by adopting a remedy under Article 226 of
    the Constitution of India.; and

    (vi) Registration of a cognizable offence against the
    convict, per se, is not a ground to cancel the remission
    order. The allegations of breach of condition cannot be
    taken at their face value, and whether a case for
    cancellation of remission is made out will have to be
    decided in the facts of each case. Every case of
    breach cannot invite cancellation of the order of
    remission. The appropriate Government will have to
    consider the nature of the breach alleged against the
    convict. A minor or a trifling breach cannot be a
    ground to cancel remission. There must be some
    material to substantiate the allegations of breach.

    Depending upon the seriousness and gravity thereof,
    action can be taken under subsection (3) of Section
    432
    of the CrPC or subsection (3) of Section 473 of
    the BNSS of cancellation of the order remitting
    sentence.”

    14. Having heard learned counsel for the parties and upon perusal of

    the material available on record, this Court finds that the petitioner has

    undergone about 17 years and 06 months of actual imprisonment and,

    as per the information dated 19.03.2026 furnished under the Right to

    Information Act, 2005, has earned 05 years, 10 months and 11 days of

    remission, thereby completing more than 23 years of sentence including

    earned remission. It is also not in dispute that the petitioner’s case for

    grant of remission was considered by the competent authorities and the

    learned 1st Additional Sessions Judge, Janjgir, vide communications
    13

    dated 01.11.2023 and 20.05.2025, expressed no objection to the

    petitioner’s release by grant of remission. Pursuant thereto, the Jail

    Authorities forwarded the petitioner’s case to the competent authority for

    consideration. It is also significant that this Court, while deciding WPCR

    No. 106/2025 on 21.03.2025, had already set aside the earlier order

    dated 04.09.2024 and directed the State Government to reconsider the

    petitioner’s case afresh after obtaining a fresh opinion from the

    concerned Sessions Judge.

    15. Despite the aforesaid directions issued by this Court and the

    favourable opinion of the learned Sessions Judge, respondent No. 2, by

    the impugned order dated 15.01.2026, has once again rejected, in

    substance, the petitioner’s claim for remission solely on the ground that,

    in view of Rule 358(6) of the Chhattisgarh Prison Rules, 1968, the case

    of a prisoner convicted in a triple murder case could be placed before

    the State Sentence Review Board only after completion of 20 years of

    actual imprisonment. The impugned order neither considers the effect of

    the earlier order passed by this Court nor assigns any reason for

    disagreeing with the favourable opinions recorded by the learned

    Sessions Judge on two occasions. The authority has thus failed to

    undertake an independent and objective consideration of the petitioner’s

    case as required under Section 432 of the Cr.P.C. (now Section 473 of

    the Bharatiya Nagarik Suraksha Sanhita, 2023).

    16. The Constitution Bench of the Hon’ble Supreme Court in V.

    Sriharan alias Murugan (supra), while approving the principles laid
    14

    down in Mohinder Singh (supra), has held that the exercise of power

    under Section 432 of the Cr.P.C. must be well-informed, reasonable and

    fair. The Hon’ble Supreme Court has further reiterated in Mafabhai

    Motibhai Sagar (supra), that although a convict cannot claim remission

    as a matter of right, he certainly possesses the right to have his case

    considered in accordance with law and the applicable policy, and that

    the power under Section 432 of the Cr.P.C. (now Section 473 of the

    BNSS) must be exercised in a fair, reasonable and non-arbitrary

    manner. In the present case, the petitioner has completed more than 23

    years of sentence including earned remission; the learned Sessions

    Judge has twice expressed no objection to his premature release; and

    there is no material on record to indicate that the petitioner is disentitled

    to the benefit of remission on any legally sustainable ground. The

    rejection of the petitioner’s claim solely on the basis of Rule 358(6),

    without objectively considering the relevant facts and the earlier

    directions issued by this Court, is arbitrary and contrary to the principles

    laid down by the Hon’ble Supreme Court in the aforesaid decisions.

    17. In view of the foregoing discussion and applying the principles laid

    down by the Hon’ble Supreme Court in V. Sriharan alias Murugan

    (supra) and Mafabhai Motibhai Sagar (supra), this Court is of the

    considered opinion that the impugned order dated 15.01.2026 cannot

    be sustained in law and deserves to be quashed. Accordingly, the writ

    petition is allowed. The impugned order dated 15.01.2026 is hereby

    quashed and set aside. The respondents are directed to grant the

    benefit of remission/premature release to the petitioner and release him
    15

    forthwith, if his custody is not required in connection with any other

    case, subject to compliance with the usual terms and conditions

    governing premature release under the Chhattisgarh Prison Rules,

    1968. No order as to costs.

                          Sd/-                             Sd/-
                (Ravindra Kumar Agrawal)               (Ramesh Sinha)
                        Judge                           Chief Justice
    
    
    
    
    Brijmohan
     



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