Himachal Pradesh High Court
Mrs. Har Dei vs State Of H.P. And Others on 10 January, 2020
Bench: L. Narayana Swamy, Jyotsna Rewal Dua
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HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 2931of 2019
Date of decision: 10th January, 2020
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Mrs. Har Dei ...Petitioner
Versus
State of H.P. and others ...Respondents
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Coram:
The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
Whether approved for reporting1 :
For the Petitioner: Ms. Kiran Dhiman, Advocate
For the Respondents:Mr. Ashok Sharma, Advocate General,
with Mr. Adarsh Sharma, Additional
Advocate General, for the State.
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Jyotsna Rewal Dua,J. (Oral)
Through this petition, filed through Legal Aid Services petitioner is seeking parole for her husband, Shri Vishal Gupta, son of late Shri Raj Kumar Gupta, in accordance with rules as per his entitlement.
2. Petitioner's husband, Vishal Gupta, is presently undergoing seven years rigorous imprisonment under Section 304-II of the Indian Penal Code in Model Central Jail, Kanda, (Shimla), H.P. He had applied for parole on 12.06.2019 for plucking of apples. The 1 Whether Reporters of local newspaper are permitted to see the judgment ?
::: Downloaded on - 10/01/2020 20:31:21 :::HCHP 2application was processed by Superintendent, Model Central Jail, Kanda (Shimla). However, the parole case of the petitioner's husband was rejected by the competent authority vide letter dated 04.09.2019, .
whereafter instant writ petition has been preferred. During the course of hearing, it was submitted by the learned Additional Advocate General that case of the petitioner's husband for parole was rejected on two grounds, firstly it was observed that there is no land in his name (petitioner's husband's name) from where the apples were to be plucked and release was sought on incorrect factual foundation, therefore, the parole case was rejected and secondly, the reason pointed out for rejection of parole was that family of the victim has reservation in respect of granting parole.
3. It has come in the instructions, dated 19.11.2019, imparted by the office of Director General , Prisons & Correctional Services, Himachal Pradesh to the office of learned Advocate General that the co-
accused/convict, namely Raman Kumar had also applied for parole in the month of August, 2019 and on 24.10.2018, 14 days' parole was granted to him.
The convicts are released on parole by the respondents-
Department under the provisions of Section 3 of Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968 on certain conditions, which are reproduced hereinbelow:-
::: Downloaded on - 10/01/2020 20:31:21 :::HCHP 3"The Government may, in consultation with the District Magistrate and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified .
in sub-section (2) any prisoner if the Government is satisfied that :-
"(a) a member of the prisoner's family has died or is seriously ill; or
(b) the marriage of the prisoner's son or daughter is to be celebrated; or
(c) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation on his land and no friend of the prisoner or a member of the prisoner's family is prepared to help him in this behalf in his absence; or
(d) it is desirable so to do for any other sufficient cause."
4. During hearing of the case today, learned Legal Aid Counsel for the petitioner has placed on record certain documents to the effect that the father of the present petitioner Shri Deep Chand (father-in-law of Vishal Gupta) owns landed property in Mohal Haleni, Tehsil and District Kullu, H.P. Shri Deep Chand is suffering from 55% locomotive disability and in this regard unique disability I.D. has been issued to him. The Pradhan of Gram Panchayat Chansari, Development Block Naggar, District Kullu, H.P. has also issued a certificate to the effect that Vishal Gupta had been taking care of the fields and orchard, belonging to Shri Deep Chand, father-in-law of Vishal Gupta, and had ::: Downloaded on - 10/01/2020 20:31:21 :::HCHP 4 also requested for grant of parole in his favour to enable him to take care of this apple orchard.
5. In view of the submissions made and the documents .
placed on record, we dispose off the present petition by directing the respondents to re-examine and re-consider the case of the husband of the petitioner, Shri Vishal Gupta, for grant of parole, in accordance with law, after considering the documents placed on record, within a period of four weeks from today. Petitioner is also at liberty to place before the competent authority any other relevant material, if any.
The writ petition is disposed of in the aforesaid terms, so also pending application, if any.
( L. Narayana Swamy ), Chief Justice 10th January, 2020(K) ( Jyotsna Rewal Dua), Judge ::: Downloaded on - 10/01/2020 20:31:21 :::HCHP 5 .
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