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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Him Singh @ Hem Singh – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. ndps convict's parole application rejected despite service. (Para 1 , 2) |
| 2. parties contend on parole denial validity. (Para 3 , 4 , 5 , 6) |
| 3. parole aids reformation, family ties maintenance. (Para 7) |
| 4. offence nature alone cannot deny parole. (Para 8 , 9 , 10) |
| 5. flawed reports require independent authority assessment. (Para 11 , 12 , 13 , 14) |
| 6. parole granted conditionally for 28 days. (Para 15 , 16 , 17) |
The petitioner has filed the present petition seeking direction to the respondents to grant 28 days’ parole to him. It has been asserted that the petitioner was convicted by learned Special Judge, Mandi, District Mandi, H.P. vide judgment dated 8.11.2025, passed in a Case arising out of FIR No. 139 of 2020, dated 10.9.2020, registered at Police Station Padhar, District Mandi, H.P. for the commission of offence an punishable under Section 20(b)(ii)(C) of the NDPS Act. He was sentenced to undergo rigorous imprisonment for 11 years, pay a fine of Rs. 1,10,000/- and in default of payment of fine to undergo further simple imprisonment for one year and one month. The petitioner has already undergone a total sentence of four years and ten
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....
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