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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Vinod Kumar – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
1. The petitioner has filed the present petition seeking a writ of certiorari for quashing the order dated 10.6.2025 and a writ of mandamus for directing the respondents to release the petitioner on parole for four weeks. It has been asserted that the petitioner has undergone one year, 08 months and 19 days of total substantive sentence as on 3.7.2025. He applied for parole to carry out agricultural work. Gram Panchayat Hiran issued a No Objection Certificate for granting parole to the petitioner. The petitioner’s application was forwarded to the District Magistrate, Kangra, at Dharamshala; however, he did not recommend the parole, and the authority rejected the petitioner’s application on 10.6.2025. The rejection of the application is illegal, arbitrary and discriminatory and violative of the H.P. Good Conduct Prisoners (Temporary Release) Act, 1968 (Prisoners Act) and the Rules framed thereunder. The petitioner has to maintain ties with society, and the objection raised by the victim’s family cannot be a reason for rejection of the parole. Hence, the present petition.
2. The petition is opposed by respondents No.1 to 3 by filing a reply, making a prel
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 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 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 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 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 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 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 objections from the victim's family; solid evidence is required to substantiate claims of danger or public disorder.
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