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VIVEK SINGH THAKUR, RAKESH KAINTHLA
Harbhajan Singh – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Petitioner, by invoking the provisions of Article 226 of the Constitution of India, has approached this Court seeking direction to the respondents to release the petitioner on parole for 42 days with further prayer to quash the rejection of prayer of petitioner for releasing him on parole communicated to him vide letter dated 3rd November, 2023, Annexure P-3.
2. Petitioner, being convict is serving his sentence for execution/implementation of judgment dated 30th June, 2015 passed by the Additional Sessions Judge, Nahan, District Sirmaur in Sessions Trial No.42-N/7 of 2013 in case FIR No. 186 of 2013 registered under Section 302 of Indian Penal Code in Police Station Paonta Sahib, District Sirmaur HP whereby he has been sentenced to undergo imprisonment for life and to pay compensation of Rs.10,000/- and in default of payment of fine, to further undergo imprisonment for a period of six months.
3. In response to petition, respondents have placed on record the instructions dated 22nd April, 2024 along with documents. In Custody Certificate, placed on record with instructions, it has been stated that petitioner has undergone total sentence with remissions
The central legal point established is that the rejection of a parole application must be based on valid and substantiated reasons, in accordance with the relevant provisions and case law.
The court emphasized the need for substantiated grounds to reject a parole application and considered the petitioner's entitlement to parole benefits based on previous compliance and lack of material....
Rejection of parole based solely on pending FIR and victim's objection held arbitrary; mere FIR registration not ground to deny; grant parole with conditions to uphold reformation and family ties eve....
The legal principle established is that parole should not be denied based on mere assumptions and there should be sufficient material to support the rejection.
The main legal point established in the judgment is that the rejection of parole should be based on solid reasons and material, and not on surmises and conjectures. The court emphasized the right to ....
Denial of parole must be based on substantial evidence related to security and public order; mere speculative fears are insufficient to withhold a convict's eligibility.
Point of Law : If a person commits any crime, it does not mean that by committing a crime, he ceases to be a human being and that he can be deprived of those aspects of life which constitute human di....
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