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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, RANJAN SHARMA
Rakesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
The petitioner, a convict, has come up before this Court, in the instant petition, against the denial of parole, seeking the following relief(s):-
(i) “Issue a writ of mandamus directing respondent no 2 to grant parole to the petitioner, in a time bound manner, as per law laid down therefor.
2. FACTUAL MATRIX:
2(i). Case of the petitioner, Rakesh Kumar son of Shri Chuni Lal and one Ramesh Kumar son of Shri Pala Ram, both resident of Village Nirwana Khas, Post Office Yol, Tehsil Dharamshala, District Kangra (HP) were involved in FIR No 120 of 2015. They faced trial and both were convicted and sentenced by the Special Judge, Fast Track Court, Kangra on 30.07.2022 under Section 376-D, 354, 506, 201 of IPC and Section 6 and 18 of the POCSO Act, to undergo imprisonment for twenty years and to pay fine of Rs. 7000/- and in default of payment of fine, the petitioner was to further undergo simple imprisonment for two months. It is averred that both the accused were released on bail during trial. However, on conviction and sentence, they were taken to custody. After having undergone a total sentence of one year, ten months and twenty one days, in Lala Lajpat Rai Open
Parole serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
Parole – Convicts have right to breathe fresh air for short periods – Any objection raised by local inhabitants/relative cannot be sole determinative basis for refusing parole.
Parole is a conditional release aimed at the reformation of convicts, and denial based solely on non-recommendation by authorities without substantial justification is impermissible.
Releasing authority must independently assess parole applications beyond district non-recommendation; good conduct prisoners entitled to temporary release for family ties despite serious offence, abs....
Parole rejection invalid if solely based on offence nature without evidence of threat to state security or public order; releasing authority must independently assess good conduct and reform potentia....
Parole cannot be denied solely on the nature of the offence; it must be based on objective criteria regarding the potential threat to the security of the State or public order, considering the prison....
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