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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ramesh Kumar @ Rinku – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. murder convict's agricultural parole need; victim opposition noted. (Para 2 , 3 , 11 , 12) |
| 2. arguments: heinous crime insufficient without security threat. (Para 4 , 5 , 6) |
| 3. parole promotes reformation, family ties despite serious offences. (Para 7 , 8 , 9 , 10) |
| 4. rejection invalid absent public order or state security risk. (Para 13 , 14 , 15 , 16) |
| 5. 42-day parole granted with bonds and supervision. (Para 17 , 18 , 19) |
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for issuance of a writ of Certiorari for quashing the order dated 10.06.2025 (Annexure P-2) and mandamus to direct the respondents to release the petitioner on parole for 42 days.
2. Briefly stated, the case of the petitioner is that an FIR No. 87 of 2021 dated 10.08.2021 was registered against him at Police Station Rohru for the commission of an offence punishable under Section 302 of the Indian Penal Code (IPC). The petitioner was convicted on 20.08.2024 and was sentenced to undergo imprisonment for life, pay a fine of Rs.20,000/- and in default of payment of fine to undergo rigorous imprisonment for six months. He applied for parole on 02.09.2024 for agricultural purposes
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 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 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 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 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 objections from the victim's family without substantial evidence; it's essential to balance prisoner rights with public safety.
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....
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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