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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Om Prakash – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. parole sought for family; rejected over heinous crime, recidivism risk. (Para 1 , 2) |
| 2. parole aids reformation, family ties; distinguished from furlough. (Para 3 , 6 , 7) |
| 3. petitioner challenges rejection; state cites reoffending likelihood. (Para 4 , 5) |
| 4. previous ruling: heinous offence alone no bar if reforming. (Para 8) |
| 5. supreme court: deny parole not solely for heinous crime. (Para 9) |
| 6. good conduct overrides offence nature for parole grant. (Para 10 , 11) |
| 7. parole allowed for 28 days with bonds, conditions. (Para 12 , 13 , 14) |
The petitioner has filed the present petition for seeking an appropriate writ directing the respondents to grant 28 days’ parole to the petitioner. It has been asserted that the petitioner was convicted by learned Additional Sessions Judge, Mandi, District Mandi, H.P. for the commission of an offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (NDPS) and sentenced to undergo rigorous imprisonment for a period of twelve years, pay a fine of Rs. 1,20,000/- and in default of payment of fine to undergo further simple imprisonment for one year. The petitioner has
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 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 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 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.
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 the nature of the crime if the convict exhibits good conduct and a tendency to reform, ensuring the maintenance of family ties is critical.
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