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2022 Supreme(HP) 205

MOHAMMAD RAFIQ, SANDEEP SHARMA
Sunil Kumar @ Charna, S/o. Sh. Narinder Kumar – Appellant
Versus
State of H. P. , Through Its Principal Secretary, Department of Home (Jail), Shimla (H. P. ) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sunil Kumar.
For the Respondent:Mr. Ashok Sharma, Advocate General with Mr. Sudhir Bhatnagar, Additional Advocate General.

ORDER :

Being aggrieved and dissatisfied with the order dated 27.08.2020 (Annexure P-2), whereby prayer made on behalf of the petitioner-convict (hereinafter referred to as the ‘petitioner’) for grant of parole came to be rejected, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for issuance of writ of certiorari to quash and set aside the aforesaid order dated 27.08.2020.

2. For having bird’s eye view, certain undisputed facts, which may be relevant for adjudication of the case at hand, are that the petitioner stands convicted and sentenced for life for commission of offence punishable under Sections 302, 120-B, 420 of the Indian Penal Code and Sections 25 & 27 of the Arms Act, 1959 vide judgment dated 27.03.2017, passed by Additional Sessions Judge-II, Una, District Una, in Sessions Trial No.II-VII-13, as a consequence of which the petitioner at present is lodged in Model Central Jail, Nahan, District Sirmaur, H.P.

3. Petitioner has already undergone sentence of almost eight years and five months till date and during his stay in the jail, he has already earned two years one month and four days remi

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