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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 :
Sandeep Sharma, J.
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:-
“a. Issue a writ of certiorari quashing the impugned order dated 20.01.2026;
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.”
2. Pursuant to notices issued in the instant proceedings, respondent-State has fi
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 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 based on objections from the victim's family without substantial evidence; it's essential to balance prisoner rights with public safety.
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.
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 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 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....
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 rejected solely for heinous offence nature or reoffending apprehension if jail conduct satisfactory and reformation evident; must balance family ties, rehabilitation against public o....
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