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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ranjeet Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. parole rejection despite good conduct and family ties. (Para 1 , 2 , 3) |
| 2. parties argue parole on conduct vs purpose validity. (Para 4 , 5 , 6 , 7) |
| 3. parole promotes convict reformation and social links. (Para 8) |
| 4. serious offence no bar if prisoner shows reformation. (Para 9) |
| 5. releasing authority independently decides, unbound by district. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 6. rejection invalid for lacking application of mind. (Para 16) |
| 7. 28-day parole ordered with bonds and supervision. (Para 17 , 18 , 19) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking a writ of Certiorari to quash the order dated 23.04.2025 and a writ of mandamus to direct the respondents to release the petitioner on parole for 42 days.
2. Briefly stated, the case of the petitioner is that he was convicted in F.I.R. No.189/2014, registered at Police Station Joginder Nagar, District Mandi, H.P. for the commission of an offence punishable under Section 20 of NDPS Act and sentenced to
undergo rigorous imprisonment for four years, pay a fine of Rs. 25,000/- and in default of payment of fine to further undergo simple imprisonment for six months. The petitioner h
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 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 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 based on objections from the victim's family without substantial evidence; it's essential to balance prisoner rights with public safety.
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 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....
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