Santosh Kumar Dhruw vs State Of Chhattisgarh
2025 Latest Caselaw 3623 Chatt

Chattisgarh High Court

Santosh Kumar Dhruw vs State Of Chhattisgarh on 11 April, 2025

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                             HIGH COURT OF CHHATTISGARH AT BILASPUR
BABLU
RAJENDRA
BHANARKAR                                   WPCR No. 198 of 2025
Digitally signed by
BABLU RAJENDRA
BHANARKAR
Date: 2025.04.15
                      SANTOSH KUMAR DHRUW versus STATE OF CHHATTISGARH
10:11:11 +0530


                                                  Order Sheet


                      11/04/2025        Proceedings of this matter have been taken

                                   through video conferencing.

                                        Heard Mr.Shishir Dixit, learned counsel for the

                                   petitioner as well as Mr.Sanghrash Pandey, learned

                                   Deputy Government Advocate appearing for the

                                   respondents/State.

Learned counsel for the petitioner submits the

petitioner is currently lodged in Central Jail, Raipur in

pursuance of the judgment dated 29.01.2010 passed in

Sessions Case No. 48/2009 for offence under Section

376 of the IPC, in which the petitioner has been

convicted and sentence of life imprisonment has been

imposed upon him. He further submits that in said case,

apart from present petitioner, two other accused namely

Trilochan Dhruw and Amar Singh Dhruw were also

convicted. The petitioner alongwith other two convicted

accused persons preferred criminal appeal against the

said judgment of conviction and order of sentence

before this Court, which was registered as Criminal

Appeal No. 124/2010 and the same was dismissed vide

judgment dated 23.09.2015 and conviction was upheld.

He also submits that the petitioner is in jail since

16.10.2009 and has completed 19 years 06 months

which include remission period. During this period, the

behavior and conduct of the petitioner has been good,

therefore, the petitioner applied for remission of

sentence under Section 432 of the Cr.P.C before

Respondent No. 3. Respondent No. 3 in pursuance of

application made by the petitioner sought opinion from

the Additional Sessions Judge (FTC), Dhamtari vide its

letter dated 21.06.2024, wherein respondent No. 3

opined character of the petitioner to be corrective. He

contended that in pursuance of the letter dated

21.06.2024, learned Additional Sessions Judge (FTC),

Dhamtari vide order dated 15.07.2024 recommended

for remission of sentence of the petitioner and

thereafter the matter was referred to respondent No. 1

for consideration of the petitioner's application for

remission of sentence and respondent No. 1 after

considering the material available on record, rejected

the petitioner's application for remission of sentence

vide impugned order dated 20.02.2025.

Learned Deputy Government Advocate appearing

for the respondents prays for and is allowed two weeks'

time to file return-affidavit and thereafter two weeks'

further time is granted to learned counsel for the

petitioner to file rejoinder affidavit.

List this matter thereafter.

                 Sd/-                                 Sd/-

        (Arvind Kumar Verma)                      (Ramesh Sinha)
               Judge                                Chief Justice

Bablu