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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 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....
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.
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