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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Ram Pal – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. opposition to parole based on victim's family's apprehensions. (Para 2 , 5 , 6) |
| 2. legal standards and principles concerning parole. (Para 3 , 4 , 7 , 8) |
JUDGMENT :
Petitioner herein, who at present is lodged in District Jail Kanda, District Shimla, Himachal Pradesh, for his having been convicted and sentenced to undergo rigorous imprisonment for three years under Section 363 of Indian Penal Code; rigorous imprisonment for five years under Section 366-A of Indian Penal Code and rigorous imprisonment for 20 years under Section 4 of POCSO Act read with Section 376 of Indian Penal Code, in terms of judgment dated 19.04.2024 passed by learned Additional District & Sessions Judge (Fast Track), Special Court (POCSO),Solan, Himachal Pradesh, has approached this Court in the instant proceedings, praying therein for the following main reliefs:-
b. Issue a writ of mandamus directing release of the petitioner on parole for the permissible period under the Rules, on such terms and conditions as deemed fit.”
3. Issue is no more res integra, rather stands decided by the Division Bench of this Court in CWP No.414 of 2020, titled as Mrs. Kavita Thakur Vs. State of H.P. and others alo
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.
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.
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....
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....
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.
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 serves to maintain family ties and facilitate rehabilitation; denial must be justified by substantial evidence of risk to public order or security.
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