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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ashok Kumar – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. life convict's parole rejected over heinous murder, public order. (Para 1 , 2 , 3) |
| 2. arguments: family ties vs. security threats considered. (Para 4 , 5 , 6 , 7) |
| 3. parole aids reformation, family ties, societal links. (Para 8) |
| 4. heinous crime alone insufficient; needs specific threat proof. (Para 9 , 10 , 11) |
| 5. parole granted 28 days with bonds, supervision. (Para 12 , 13 , 14) |
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition to set aside the order dated 31.1.2025 and to release the petitioner on parole for 45 days.
2. It has been asserted that the petitioner was sentenced to undergo life imprisonment for the commission of an offence punishable under Section 302 of the Indian Penal Code (IPC) by the learned Additional Sessions Judge, Sarkaghat, District Mandi, H.P. The petitioner filed an application for parole on the ground that he wanted to meet his parents and children, however, the prayer was rejected vide order dated 31.1.2025 (Annexure P-2). There is no one to take for the petitioner's elderly parents. The petitioner also wants to meet his children, who are growing up without the care and affection of their father. The parole can
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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