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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
Sumit Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
1. The instant petition has been filed for grant of the following substantive reliefs:
“i) That this Hon’ble Court may kindly be pleased to issue writ in the nature of certiorari, thereby quash and set aside Annexure P-2 dated 26.12.2024, in the interest of justice and fair play.
ii) That this Hon’ble Court may kindly be pleased to issue writ in the nature of mandamus, thereby directing the respondents to release the petitioner on parole for the period of 42 days, in the facts and circumstances of the present case.”
2. The respondents have placed on record the instructions dated 06.03.2025, which go to indicate that the local police have not recommended the case of the petitioner for grant of parole to the petitioner because the victim’s mother, Smt. Ramkali, has objected to the release of petitioner stating that he might threaten or attempt to cause harm to her and her family. However, there is nothing on record to substantiate such allegations.
3. Additionally, it is argued by the learned Additional Advocate General that the petitioner is a hardened criminal as he has been convicted and sentenced under Section 302 of IPC. However, we find no force ev
A single conviction does not automatically classify an individual as a hardened criminal; rehabilitation and maintaining family ties are essential for granting parole.
The main legal point established is that the denial of parole should not be solely based on the nature of the offence, and the authorities must consider the rehabilitation and reformation of convicts....
Parole should be granted to facilitate rehabilitation and maintain family ties, and a mere conviction does not classify a prisoner as a hardened criminal.
The nature of the offence alone cannot be a sole ground for denying parole. The authorities should consider rehabilitation, continuity of life, and constructive hopes for convicts and prisoners in de....
The main legal point established in the judgment is that the mere conviction for a serious and heinous offence cannot be the sole ground for denying parole, and that parole should be granted by takin....
The discretionary nature of parole, the importance of rehabilitation and reformation of convicts, and the need to balance the interests of the convict and the society.
Parole cannot be denied solely based on the nature of the conviction; maintaining family ties and demonstrating good conduct are paramount for rehabilitation and reform.
Parole cannot be denied solely based on objections from the victim's family; solid evidence is required to substantiate claims of danger or public disorder.
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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