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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Gajender Singh @ Pintu – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner filed an application for seeking parole on the ground that he intended to visit his aged parents, wife and children. They could not visit Nahan due to the considerable distance between their home and Nahan. This application was sent to the Superintendent of Police, District Meerut, who found the averment contained in the application regarding the illness of the petitioner’s father to be correct. He also found that the petitioner had an aged mother, a young wife and two children. He submitted that the petitioner was involved in the commission of a heinous offence and he would abscond in case of his release on parole. District Magistrate Meerut, stated in his report that in view of the report of the Senior Superintendent of Police, Meerut, the petitioner should not be released on bail. Director General of Prisons andCorrectional Services (respondent No.2) rejected the application of the petitioner vide letter dated 24.01.2025 on the ground that he had committed a heinous crime and would not surrender if released on parole.
2. The petitioner filed the present petition seeking direction to the respondents to supply a copy of the communication
Denial of parole cannot be based solely on the nature of the crime; it must consider security and public order, emphasizing the importance of maintaining family ties.
Parole applications cannot be denied solely based on the nature of the crime; substantial evidence of threat to security or public order is required for rejection.
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 the nature of the crime if the convict exhibits good conduct and a tendency to reform, ensuring the maintenance of family ties is critical.
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.
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 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.
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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