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2020 Supreme(HP) 312

TARLOK SINGH CHAUHAN, JYOTSNA REWAL DUA
Jagat Ram – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Vikrant Thakur, Advocate, Ashok Sharma, Advocate, Vikas Rathore, Advocate, Vinod Thakur, Advocate, Desh Raj Thakur, Advocate, Bhupinder Thakur, Advocate

JUDGMENT

Tarlok Singh Chauhan, J. - The petitioner has filed the instant petition for grant of the following substantive reliefs:

    "i) Issue a writ of mandamus directing the respondents to release the petitioner on parole.

      ii) Issue a writ of mandamus to call for the records pertaining to this case.

        Iii) Direct the Respondent Authorities to follow the proper procedure which they had earlier adopted while releasing the petitioner on parole."

        2. The petitioner has been convicted for the offences punishable under Sections 302, 392, 328, 473, 34 IPC and has now sought parole.

          3. The only ground taken by the respondents for rejecting the request of the petitioner for grant of parole is that even though the Local Panchayat has no objection for grant of parole, but the Local Police have not recommended the sanction of parole on the ground that the petitioner has been convicted for a serious and heinous offence.

            4. Now the moot question is whether the request for grant of parole can be rejected only on the ground that the petitioner has been convicted for a serious and heinous offence.

              5. It is more than settled that the grant of remission or parole is not a right vested with the prisoner.

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