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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Manoj Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. parole application rejected for heinous pocso offence. (Para 1 , 2 , 3) |
| 2. petitioner asserts good conduct; state cites reoffending risk. (Para 4 , 5 , 6) |
| 3. parole aids reformation, family ties for good conduct prisoners. (Para 7 , 8) |
| 4. offence nature alone cannot justify parole denial. (Para 9 , 10 , 11 , 12) |
| 5. parole granted for 28 days subject to conditions. (Para 13 , 14 , 15) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition for seeking a writ of Certiorari to quash the order dated 10.06.2025 and a writ of mandamus to direct the respondents to release the petitioner on parole for four weeks.
2. Briefly stated, the case of the petitioner is that he was convicted and sentenced in F.I.R. No.82/2019, registered at Police Station, Janjheli, District Mandi. He has been in custody since 2023 and has undergone two years and twenty-four days of substantive sentence as on 08.04.2025. He applied for parole in February 2025 to cultivate the land. However, his application was rejected without any justification in violation of the Himachal Pradesh Good Conduct Prisoners Temporary Release Act, 1968 (Prisoners Act). The rejection of the parole is n
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 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 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 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 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 objections from the victim's family without substantial evidence; it's essential to balance prisoner rights with public safety.
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 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.
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