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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Ramesh Kumar @ Kaka – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
1. The present petition has been filed under Articles 226/227 of the Constitution of India for issuing a writ in the nature of Certiorari for quashing the order dated 03.08.2023 (Annexure P-1), passed by respondent No. 2-Divisional Commissioner, Ambala, whereby the application filed by the petitioner for grant of regular parole for a period of ten weeks had been rejected.
2. Learned counsel for the petitioner has submitted that the petitioner had been held guilty and convicted for life imprisonment till natural death in case arising out of FIR No. 480 dated 09.10.2011, registered under Sections 364-A, 302, 201 and 34 of IPC at Police Station City Jagadhri, Yamuna Nagar. He had filed an appeal against his conviction, which had been dismissed by this Court, vide judgment dated 06.09.2019 passed in CRA-D-815-DB-2014. The petitioner had moved an application for grant of regular parole for a period of ten weeks, which was forwarded by the jail authorities to respondent No. 2-Divisional Commissioner, Ambala for final decision. However, the same had been rejected by respondent No. 2 on the ground that the petitioner was not having any permanent residence a
Point of Law : Supreme Court held that merely repeating the fact that the crime is heinous and that release of such a person would send a negative message against the justice system in the society ar....
The main legal point established in the judgment is that the non-availment of three regular paroles is not a valid ground for refusal of permanent parole, especially when the petitioner demonstrates ....
The court's decision was influenced by the interpretation of the provisions of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, and the application of the Hindu Succession Act, 1956,....
Permanent parole cannot be denied solely on the basis of not availing three regular paroles without adverse evidence.
Point of Law : If a person commits any crime, it does not mean that by committing a crime, he ceases to be a human being and that he can be deprived of those aspects of life which constitute human di....
Non-availing of three regular paroles is not a sound ground for refusal of permanent parole, especially when the petitioner has served a substantive part of the sentence and has a good conduct record....
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