Himachal Pradesh High Court
Ranveer Singh vs State Of H.P. And Others on 28 April, 2023
Bench: Vivek Singh Thakur, Sushil Kukreja
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Civil Writ Petition No.1940 of 2023 Decided on : April 28, 2023 .
Ranveer Singh .....Petitioner
Versus
State of H.P. and others ....Respondent
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge. The Hon'ble Mr. Justice Sushil Kukreja, Judge Whether approved for reporting?
For the Petitioner
r : Mr. Pankaj Sawant, Advocate.
For the respondent : Mr. Anup Rattan, Advocate General,
with Mr. R.P. Singh, Deputy Advocate
General.
Vivek Singh Thakur, Judge
Petitioner has approached this Court for quashing the rejection of his application for parole, vide communication dated 26.2.2022 (Annexure P-2) and for directing the respondents to release him on parole.
2. It is claim of the petitioner that he had preferred applications thrice for releasing him on parole, which were rejected, mainly on the ground that local police had expressed apprehension of disturbance in peace and tranquility in the area.
3. Learned Deputy Advocate General has placed on record instructions dated 21.4.2023, received from the Additional Director General, Prisons & Correctional Services, Himachal Pradesh, wherein it has been stated as under: ::: Downloaded on - 29/04/2023 20:38:04 :::CIS CWP No.1940 of 2023
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"In this regard, it is submitted that petitioner Ranveer Singh s/o Sh. Shankar Dass has been convicted for an offence u/s 363, 376 IPC & Section 6 of Protection of Children from Sexual Offences Act, 2012 by the Ld. District & Sessions Judge, Special Court (POCSO), District .
Kinnaur at Rampur (H.P) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.15,000/- (Fifteen thousand) Only and in default of payment of fine, further to undergo rigorous imprisonment for a period of 01 year & 06 months vide judgement dated 03/04/2019 and presently, the petitioner is undergoing imprisonment at Model Central Jail, Kanda (Shimla). The petitioner has completed the total sentence of 06 years, 11 months & 23 days, including 10 months & 02 days of remission, as on 21/04/2023. The parole applications of the petitioner were duly processed by the concerned Superintendent Jail time to time, as and when applied It is pertinent to mention here that the petitioner had applied for temporary release on parole under Covid-19 pandemic to meet his family members on 01/11/2021 and his request was duly processed by the Superintendent Jail, Model Central Jail, Kanda (Shimla) and the same was forwarded to the concerned District Authorities i.e. District Magistrate/Superintendent of Police, District Kullu (HP), for their recommendations/ verification report, as required under the provision of H.P. Good Conduct Prisoners (Temporary Release) Act, 1968. The parole case of the petitioner after conducting necessary inquiry was not recommended by the District Magistrate Kullu, District Kullu (H.P) vide letter dated 02/02/2022 {Annexure: 'A'}. The concerned District Magistrate has specifically stated in his report that the local police has raised objection, as there is apprehension that convict may disturb the peace and tranquility in the area, if released on parole. Since, the recommendation of District Magistrate is mandatory for the grant of parole to a convict as per Section 6 of the H.P. Good Conduct Prisoners (Temporary Release) Act, 1968, hence, keeping in view of the report of non- recommendation of concerned District Magistrate, parole case of the petitioner/convict Ranveer Singh s/o Sh. Shankar Dass was rejected by the Competent Authority vide letter No.4-2/2021-Jails-2947-1060 dated 26/02/2022 {Annexure: 'B'} and the Superintendent Jail, ::: Downloaded on - 29/04/2023 20:38:04 :::CIS CWP No.1940 of 2023 ...3...
Model Central Jail, Kanda (Shimla) was directed to inform the convict concerned accordingly. The custody certificate dated 21/04/2023 of the petitioner issued by the Superintendent Jail, Model Central Jail, Kanda (Shimla) is also annexed herewith as Annexure: 'C', for .
kind perusal."
4. Learned counsel for the petitioner has placed on record original and photocopies of the documents to substantiate plea of the petitioner to issue direction to the respondents to enlarge the petitioner on parole.
5. Vide communication dated 2.2.2022, Additional District Magistrate, Kullu, District Kullu, Himachal Pradesh, had informed the Director General of Prisons, Himachal Pradesh, that Gram Panchayat Ghatu (Gram Panchayat of the Petitioner), father of the victim Sumanu Ram and his family members had no objection for releasing the petitioner on parole; however, local police had not recommended grant of parole to the petitioner by stating that it may cause disturbance in the area and there may be threat to law and order. Copy of no objection of Panchayat dated 31.10.2021 has also been placed on record. However, parole case of the petitioner was rejected, as communicated vide letter dated 26.2.2022 (Annexure P-2), in view of non-recommendation of the concerned District Authorities.
6. Learned Deputy Advocate General has submitted that parole cannot be claimed as a matter of right, as it is a privilege available to the prisoner on fulfilling certain conditions ::: Downloaded on - 29/04/2023 20:38:04 :::CIS CWP No.1940 of 2023 ...4...
and no objection of the police/District Authority of the concerned area is also necessary for releasing the prisoner on parole and the competent authority has exercised its .
discretionary power under the relevant rules in accordance with law and, therefore, petitioner cannot claim his entitlement for releasing him on parole.
7. Learned counsel for the petitioner submits that after filing of the present petition, as per instructions imparted to him, petitioner in the year 2008, without performing any rituals of marriage, had started living as husband and wife with Deepa daughter of Amar Chand of village Dugga Shigan, Tehsil Ani, District Kullu, Himachal Pradesh, and, in the year 2009, they were blessed with one child, who has been named as Dinesh. However, after the year 2010, Deepa left the company of petitioner alongwith the child and started living with her parents. Now, she has agreed to come back alongwith child, but subject to condition that petitioner shall perform marriage with her according to rituals and ceremonies as per Hindu custom prevailing in the area and, therefore, marriage of the petitioner has been fixed by his parents on 4th, 5th & 6th May, 2023 and to substantiate claim of the petitioner he has also placed on record Invitation Card of marriage of petitioner alongwith report of the Gram Panchayat, in original, certifying the fact that marriage of petitioner has been fixed on 4th, 5th & 6th May, 2023.
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8. Petitioner has also placed reliance upon judgment dated 10.11.2021, passed by a Division Bench of this High Court in CWP No.5158 of 2021, titled as Bihari Lal v. State of H.P. & .
others, whereby, in similar circumstances, where police/District Authority had not recommended the parole case of the petitioner therein, the Court had issued direction to extend the benefit of parole to the petitioner, subject to furnishing personal and surety bonds.
9. We have gone through the judgment relied upon by the petitioner, wherein, after taking into consideration pronouncement of the Apex Court, benefit of parole was directed to be extended. We are in agreement with the reasoning given in the said judgment.
10. In the peculiar facts and circumstances, we are persuaded to allow the present petition filed by the petitioner by setting aside the order dated 26.2.2022 (Annexure P-2) and extending the benefit of parole for a period of 15 days from the date of his release, on his furnishing personal bond in the sum of `1,00,000/- with two sureties of `15,000/- each, to the satisfaction of the Superintendent Jai, Model Central Jail Kanda, Himachal Pradesh. The petitioner shall surrender before the Superintendent Jail, Model Central Jail Kanda, Himachal Pradesh, immediately on expiry of 15 days of parole. However, his parole shall be liable to be cancelled, in case the petitioner breaches any of the conditions of parole order and/or creates ::: Downloaded on - 29/04/2023 20:38:04 :::CIS CWP No.1940 of 2023 ...6...
law and order problems, which shall be treated as a negative factor for consideration of his similar prayer in future.
Accordingly, the petition is disposed of, so also .
pending application, if any.
Petitioner is permitted to produce a copy of this order downloaded from the Website of the High Court before the Authorities concerned and the said authorities shall not insist for production of a certified copy, but, if required, may verify passing of the order from the Website of the High Court or otherwise.
( Vivek Singh Thakur ) Judge.
( Sushil Kukreja )
April 28, 2023(sd) Judge.
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