High Court Of ChhattisgarhWPCR/28/2018disposed off

Jauhari Singh Thakur v. State Of Chhattisgarh

2018-09-13Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR H IGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 28 of 2018 Jauhari Singh Thakur S/o Shri Haldhar Singh Thakur Aged About 52 Years R/o Village Basani, Police Station Kunda, District Kabirdham Chhattisgarh. Present Address Amaraiyya Chowk, Chingarajpara, Police Station Sarkanda, District Bilaspur Chhattisgarh., Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Home Jail Department, Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh., Chhattisgarh

2. The Director General, Prisons And Correctional Services Chhattisgarh, Head Quarter Prisons And Correctional Services Chhattisgarh, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. The Inspector General, Prisons And Correctional Services Chhattisgarh, Head Quarter Prisons And Correctional Services Chhattisgarh, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. The Jail Superintendent, Central Jail, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

5. The District Magistrate Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Shri Rishi Rahul Soni, Advocate For State :

Shri Ashish Shukla, Dy.A.G.

S.B. : Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/09/2018 Heard.

1. At the outset, learned counsel for the petitioner submits that the coaccused similarly situated in the same case has been granted benefit of remission by the respondent- authority.

2. Respondents have not taken any decision on petitioner's application.

-2However, in the return, relief claimed by the petitioner has been denied.

3. Without commenting on merits of the case, considering the submission that a co-accused of the same case has been granted benefit of remission, respondents may consider and take decision on petitioner's application for remission within a period of 60 days, on its own merits and in accordance with law.

4. The petition is accordingly disposed off.

5. It is made clear that this Court has not commented upon merits of the case and it would be open for the authority to take decision in the matter. Sd/-/-/-----/-/--- -- (Manindra Mohan Shrivastava) Judge Praveen