DHONI ALIAS DHUNI YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr.Chitendra Singh, learned counsel for the petitioner as well as Dr.Saurav Pande, learned Deputy Advocate General appearing for the respondents/State.

(2.) The present writ petition has been filed by the petitioner with the following prayers:

(3.) Learned counsel for the petitioner submits that the impugned order dtd. 6/4/2026, whereby the application of the Petitioner for grant of remission/premature release has been rejected, is arbitrary, illegal, and unsustainable in the eyes of law. The said rejection has been made solely on the basis of a negative recommendation of the State Sentence Review Board, without any independent application of mind by the competent authority, which is contrary to the settled legal position governing the exercise of powers under Rule 358(7)(viii) of the Chhattisgarh Prison Rules, 1968. It is further submitted that the Petitioner has already undergone the requisite period of incarceration as prescribed under the applicable rules and policies governing premature release of life convicts. The Petitioner's case was duly processed in accordance with law, and the application dtd. 5/6/2025 was recommended by the Jail Superintendent, Central Jail, Durg, and was forwarded in the prescribed Proforma 'A'. Moreover, the Learned Trial Court had also issued a 'No Objection Certificate', thereby supporting the case of the Petitioner for consideration of remission. These material aspects clearly demonstrate that the Petitioner fulfills the eligibility criteria for premature release.