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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Baldev – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petition for parole based on completion of sentence. (Para 1) |
| 2. arguments for and against granting parole. (Para 2 , 4 , 5) |
| 3. court's examination of representations and conducting hearings. (Para 3 , 6 , 8) |
| 4. importance of social ties and conduct in reformative justice. (Para 7 , 17) |
| 5. decision to grant parole issued with conditions. (Para 18 , 20) |
The petitioner has filed the present petition for quashing the order dated 11.8.2025 (Annexure P-3) and releasing the petitioner on parole for 28 days. It has been asserted that the petitioner was convicted and sentenced to undergo rigorous imprisonment for 16 years, pay a fine of Rs.2,80,000/- and, in default of payment of fine, to undergo further simple imprisonment for one year in FIR No. 16 of 2023, dated 13.1.2023, registered for the commission of offences punishable under Sections 20 and 29 of NDPS Act at Police Station Sadar, Mandi, District Mandi, HP. The petitioner has completed more than two years, eight months and seventeen days in jail. He filed an application for parole on 24.3.2025 to meet his family members. Respondent No.2 objected to the grant of parole as the District Magi
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 without substantial evidence; it's essential to balance prisoner rights with public safety.
Parole cannot be denied solely for heinous nature of offence; requires specific proof of threat to state security or public order, emphasizing reformation, family ties, and good prison conduct over c....
Parole cannot be denied solely for heinous offence; must be based on endangering state security or public order. Good conduct, agricultural need, local support warrant grant despite non-recommendatio....
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 rejected solely for heinous offence nature or reoffending apprehension if jail conduct satisfactory and reformation evident; must balance family ties, rehabilitation against public o....
Parole cannot be rejected solely for heinous nature of offence; must consider good conduct, reformation tendency, family ties maintenance, and absence of threat to public order or 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.
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 cannot be denied solely based on objections from the victim's family; solid evidence is required to substantiate claims of danger or public disorder.
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