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2021 Supreme(HP) 707

MOHAMMAD RAFIQ, SABINA
Vishal Bansal S/o Shri Vinod Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sunil Kumar, Pankaj Sawant.
For the Respondents: Ashok Sharma, Ritta Goswami, Nand Lal Thakur, Seema Sharma.

ORDER :

1. This writ petition has been filed by Vishal Bansal, challenging order dated 17th April, 2021 (Annexure P-3), whereby the application of the petitioner for grant of parole has been rejected by the Director General, Prison and Correctional Services, Himachal Pradesh.

2. It is contended that the petitioner was arrayed as accused in case FIR No. 26/2016, dated 26.03.2016, registered with Police Station Gagret, District Una, for the offences under Sections 302, 392, 341, 120B and 201 of the Indian Penal Code. It is further contented that the petitioner had applied for anticipatory bail, which was dismissed by this Court and subsequently by the Hon’ble Supreme Court. However, the petitioner surrendered before this Court on 16.06.2016 pursuant to the order of the Hon’ble Supreme Court passed in SLA (Crl) No. 4371 of 2016 and faced trial. He was eventually convicted for the offences punishable under Sections 302, 392, 201, 341 and 120B of IPC vide judgment dated 20th February, 2020 by the Additional Sessions Judge-1, District Una, H.P. Ever since he surrendered before this Court on 16.06.2016, he is in jail and thus, has completed incarceration of more than 5 years and 4 months. T

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