Himachal Pradesh High Court
Ramesh Kumar vs State Of Himachal Pradesh And Others on 19 October, 2023
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No: 5978 oJ 2023 Declded on: 79fh October, 2023 .
Ramesh Kumar ... Petitioner Versus State of Himachal Pradesh and others ...Respondents of Coram;
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge Hon'ble Mr. Justice Ranjan Sharma, Judge rt r Whether approued for reporting? ,-.
For the Petitioner: Ms. Jai Prabha and Mr Tejasvi Thakur Advocates.
For the Respondents: Mr. Yash Wardhan Chauhan, Sr. Additional Advocate General Ranian Sharma. Judge lOral) The petitioner, a convict, has come up before this Court, in the instant petition, against the denial of parole, seeking the following relief(s): -
O "Issue a wit of mandamus directing respondent no 2 to grant porole to the petitioner, in a time bound manner' as per lauL laid doun therefor.
2. FACTUALMATRIX:
judgment?
Whether reporters of Local Papers may be allowed to see the ::: Downloaded on - 21/10/2023 20:34:33 :::CIS a 2(1\. Case of the petitioner, Ramesh Kumar son of Shri Pala Ram and one Rakesh Kumar son of Shri .
Chuni Lal, both resident of Village Narwana Khas, Post Office Yol, Tehsil Dharamshala, District Kangra (HP) were involved in FIR No 120 of 20 1 5 ' They faced trial and both were convicted ald sentenced by the Special of Judge, Fast Track Court, Kangra on 3O'O7'2O22 under Section 376-D, 354, 506, 2Ol of IPC and Section 6 rt and 18 of the POCSO Act, to undergo imprisonment for twenty years ald to pay fine of Rs' 7000/- and in defauit of payment of fine, the petitioner was to further undergo simple imprisonment for two months' It is averred that both the accused were released on bail during trial' However, on conviction and sentence, they were taken to custody. After having undergone a total sentence of one year, ten months and twenty one days, in Lala Lajpat Rai Open Air Correctional Home, Dharamshala, (HP), the present petitioner applied for parole on 30'5.2023, for 42 days, for agricultural purposes and also to meet his family memtrers' 2 (i1\. The request of the petitioner for parole, was ::: Downloaded on - 21/10/2023 20:34:33 :::CIS -3- turned down, by the Respondent no 2 on 18.8.2023, (referred to in Instructions), due to non-recommendation .
of his case by the District Magistrate concerned. It is averred that the impugned order has been passed without furnishing the grounds / material leading to the rejection of his request and by mechanically following of the report of the Superintendent of Police concerned ; and when, District Magistrate has neither "resorted to an independent and impartial application of mind" nor rt "formed the requisite opinion" based on entire material on record either for accepting the request or for refusing the same and in these circumstances, the present petition was fi1ed assailing the order dated 18.8.2023, refusing parole.
3 STAND OF RESPONDENTS:
This Court issued notices to the respondents on 28.09.2023 directing them to frle the reply within ) three weeks. Thereafter, the case was listed today {on 7g.1O.2O23\, when, the learned Senior Additional Advocate General has furnished the Instructions dated |B'1O'2O23' which are taken on record. A perusal of the Instructions ::: Downloaded on - 21/10/2023 20:34:33 :::CIS and states that the instructions furnished in Civil Writ Petition frled in case of co-accused i'e. CWP No .
5978 of 2023 titled as Ramesh Kumar versus State, may be read as part and parcel of this case' A perusal of the Instructions reveal that the request of the petitioner for parole was turned down, in view of the report of submitted by the Superintendent of Police Kangra to the District Magistrate Kangra on 5 .7 .2023, based on the objection raised by the brother of the victim, rt Annexure C (co11y). However, in the interests of justice and keeping in view the object of parole, we deem it fit and proper to examine the rejection orders passed in August 2023 (suPra).
4. We have heard Ms Jai Prabha, learned counsel for the petitioner ald Mr. Yashwardhan Chauhan, learned Senior Additional Advocate General for the respondents-
State and have gone through the records' 5 LEGAL POSITION:
5 (i) . At the very outset, it would be relevant to take note of the pronouncement of the Hon'ble Apex Court in the case of Asfaq Versus State of Rajasthan and ::: Downloaded on - 21/10/2023 20:34:33 :::CIS -5- albeit for short periods. The main purpose of parole is to provide humanistic approach towards those lodged in jails .
so that such convicts can prepare not only to solve their personal and family problems but also to maintain their links with society and such gestures by the State go a long way for redemption and rehabilitation of such prisoners, which are good for the society and are in of public interest. The relevant paragraphs of the judgment are reproduced here-in-be1ow:- rt "11 . There is a subtle distinction between parole and furlough. A parole can be defined as conditional release of prisoners i'e an early release of a prisoner, conditional on good behaviour and regular re Portin to the au thorities for a set oeriod of time. It can also be defrned as a form of conditional pardon by which the convict is released before the expiration of his term' Thus, the oarole is sranted fo r sood on the that D behaviour condition 1ee rezularl v report toasu oervisins officer for a soecified peri od. Such a release of the r1 on ar can al be aril on ome basic srounds. In that eventuality, it is to be treated as mere suspension of the sentence for time being, keeping the ::: Downloaded on - 21/10/2023 20:34:33 :::CIS -6- quantum of sentence intact Release on parole is de s1med to afford some relief to the priso ners 1n soecified exi gencles.
.
Such paroles are normally granted in certain situations some of which may be as follows:
(i) member of the prisoner's family has died or is seriously il1 or the prisoner himself of is seriou sly i11; or
(ii) the marriage of the prisoner himself, his son, daughter, grandson, granddaughter, rt brother, sister, sister's son or daughter is to be celebrated; or
(iii) the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation of his land or his father's undivided land actually in possession of the Prisoner; or
(iv) it is desirable to do so for aly other sufficient cause;
(v) paroie ca-n be granted only after a portion of sentence is already served;
(vi) if conditions of parole are not abided by the parolee he maY be returned to serve his sentence in prison, such conditions may be such as those of committing a new offence; and ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
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(vii) parole may a-iso be granted on the basis of aspects related to health of convict himself.
.
15 A convict, literally speaking, must remain in jait for the period of sentence or for rest of his life in case he is a life convict. It is in this context that his release from jail for a sh ort perio d has be considered of AS an oDDo nitv o rded t o him not onlv to solve his oersonal and lv rob but rt to tain s link with socie tv. Convicts too must breathe fresh for least eti rovi th maln good co nduct consistentlv durins incarcer ation and show a tenden to reform themselve sandb ecome sood ci S. Thu redemp tion and rehabili tion of such priso ners for sood of societie S must receive due wei qh taee while th ey are undergoing sentence of imprisonment.
17. From the aforesaid dlscussion, it follottts that amongst the uaious grounds on tuhich parole can be granted, the most important ground., u.thich stands out, is that a pisoner should be alloued to maintain familg and social ties. For this purpose, he tns to come out for some time so that he is able to maintain his family and social ::: Downloaded on - 21/10/2023 20:34:33 :::CIS -8- contoct. This reason finds justification in one of the objectiues behind sentence and punishment, namely, reformation of the .
conuict. TLe theory of ciminology, which is largelg accepted, underlines that the main objectiues uhich a State intends to achieue by punishing the culpit are:
d.eterrence, preuention, retibution and reformation. Wlten tue recognise reformation of os one of the objectiues, it prouides justification for letting of euen the hfe conuicts for short peiods, on palolg-i rt order to afford ooportunities to such conuicts not onl u to solue their nal and aml lu problems but also to maintain their links tttith t he societu. Another ob iectiue ulhich this theoru underlines is thot euen such conuicts ha ue iaht to breathe fresh alr, albeit for peiods. These qes on the part of the State, alonq tDith other measures qoa lonq tDo u for re tion and habilitatio of such Dnsoners. Theu are ultimatel aimed r the odo the socieht there fo re are ln ntthlia interest.
18. Tlrc prouisions of parole and furlough thus, prouide for a humanistic approach toutards ttase lodged in joils. Italn purpose oJ sttch protlsions is to atlotd to thetn ::: Downloaded on - 21/10/2023 20:34:33 :::CIS 9- an opportunity to solae thelr petsonal and lannllg problems and to enable them to ,7.a;inta;ln theit linlcs unth .
socletg. Eaen citlzens oJ this country hann a aested lnterest ln prepar-lng ofJend.ers Jor success.,;fuI re'entry into societg. Those r.uho leaue pison uithout strong nettaorks of support, tttithout employment prospects, tt tithout a fundamental of knor.uledge of the communities to ttthich theg uill return, and uithout resources, stand a significanttg higher chance of foilure-
rt Wlrcn offenders reuert to ciminal adiuitg upon release, theg frequently do so because they lack hope of merging into society as occepted citizens. Furloughs or parole can help prepare offenders for success.
19. Hauing noted the aforesaid publtc PurPose in granting parole or Jurlough, tngrained ln the refortnation theory o;f sentencing, other competing public interest lns also to be kept in mind trthile deciding as to uhether in o particulor case parole or furlough is to be granted or not. This public interest also demands that those tt'tho are habitual offenders and may haue the tendencg to commit the crime agoin afier their release on parole or haue the tendencg to become threat to the lanu and order ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
- 10- of the society, should not be released on parole. This aspect takes care of other objectiues of sentencing, namely, deterrence .
and preuention. This side of the coin is the expeience that great number of cimes are committed bg the offenders who haue been put back in the street aft,er conuiction. Therefore, uhile deciding ds to uhether o particular pisoner deserues to of be released on parole or not, the aforesaid aspects haue also to be kept in mind. To put it tersely, the authoities are supposed rt to address the qttestion as to tuhether the conuict is such a Person uho has the tendencg to commit such o cime or he is shouing tendencg to reform himself to become o good citizen.
20. Thus, not all people in prison are appropiate for grant of furlough or parole. Obuiousty, society must isolate those utho shotu patterns of preging upon uictims' Yet odministrotors ought to encourage those offenders uho demonstrate a commitment to reconcile tt tith societg and ttthose behauiour shotus that aspire to liue as lau-abiding citizens. Thus, parole program should be used. as a tool to shape such adjustments'
21. To sum up, tn introducing penal reforms, the State that runs the administration on ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
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behalf of the societg and for the benefit of the societg at large cannot be unmindful of safeguarding the legitimate ights of the .
citizens in regard to their secuity in the motters of tife and liberty. It is for this reason that in introducing such reforms' the authoities cannot be obliuious of the obligation to the societA to render it immune from those tttho are prone to of ciminal tendencies and haue proued their susceptibilitg to indulge in ciminal actiuities by being found gruiltg (ba a Court) of rt hauing perpetrated a crtminal act. One of the discernible purposes of imposing the penaltg of impisonment is to render the societg immune from the criminal for a speciiied period. It is, therefore, understandable thot tuhile meting out humane treatment to the conuicts, core has to be taken to ensure that kindness to the conuicts does not result in cruelty to the societg. Naturallg enough, the authoities tuould. be a nxious to ensure that the conuict ttlho is released on furlough does not seize the opportunity to commit another cime uhen he is at large for the time- being under the furlough leaue granted to him by utaY of a measure of Penal reform.
::: Downloaded on - 21/10/2023 20:34:33 :::CIS -12-22. Another uital aspect tllat needs to be di.sanssed is as to tphether there can be any presumption that a person who is .
conuicted of seious or heinous cime is to be, ipso facto, treated as o lwrdened ciminal. Hardened criminal uould be a person for whom it has become a lnbit or uaA of life and such a person tttould necessailg tend to commit crimes again of and again. Obuiouslu, if a oerso4 has committed a seriqus offence for uhich trc is conuicted. but at the same time it is rt atso found that it is the onlu crime he l s committed, he cannot be categorised as a lwrdened ciminal. In his case consideratTon should be as to uhetler lrc is stawing the signs to reform himself and become a good citiz,en or there are circumstances which utould indicate ttnt he has a tendencg to commit the crime again or tlnt he would be a threat to tlle soctetg. Mere nature oJ the o-ffence committed bu him should not be a facto( to denu the parole outriahtlA' Whereoer a person conuicted has suffered lncarceratlon for a lonq tim.c. he can be qrdnted ternporaru parole. irtespectl"e of the nature of offenee fot uhlch he ig,.,as sentenced. We mau hasten to out a ider lrcre, uiz. in those cases uthere a ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
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t7 been conuict co
o the comDete t autho ritu.
uhlle m no sac h cases can be
.
uell aduised to haoe strlcter sto,ndo,rds in mind rDhile iudqi nq their cases on the paro meters o f qood conduct . hab itual offender or uhile iud qtnq uthether he could be co hiohlu da nqerous or oreiu dicial to the oublic peace and tranqu illitu etc of zJ. There can be no cauil in saying that a societA thot belieues in the utorth of the indiuiduals can houe the qualitg of its rt belief judged, at least in part, bg the qtalitg o/ its pnsons and seruices and recourse made auailoble to the prisoners' Being in a ciuilized society organized tuith lau,t and o sAstem as such, it is essential to ensure for euery citizen a reasonablg dignified life. If a Person com,rnlts anu crLme. it does ftot tnedn that bu itti a crlrne. he ceases tobea co human belnq and thdt he co;t be de o se ushic co nstitute hulrtan dio nlta. For a prisoner all lundamental rights are an enforceable reatitA, though testicted bg tle fact of impisonment. {See - Sunil Batra (II) v' Delhi Admini.stration (1980) 3 SCC 488' Maneka Gandhi u. [Jnion of India and Anoth'er ::: Downloaded on - 21/10/2023 20:34:33 :::CIS -14- (1978) l SCC 248, and Charles Sobraj u' Supeintendent Centrol Joi, TiLwr' Nett't Delhi (1978) 4 SCC 104.] .
24. It is also to be kept in mind that by the time an application for parole is moued bg a prisoner, he tuould haue spent some time in the jail. Duing this peiod, uarious refortnatory methods must haue been opplied-. We can take iudicial note of this of fact, hauing regard to such reformation facilities auailable in modern jails' One rtLould know by this time as to tuhether rt there is a habit of relapsing into cime in spite of hauing administered correctional treatment. This habit knou-n as "recidiuism" reflects the fact that the correctional therapg has not brought in the mind of the ciminal. It also shotus that criminal is hardcore uho is begond correctional therapg. If the conectional theropA Lns not made in itself. in a oarticular case' such a case can be reiected on the aforesaid oround i.e. on its meits."
(Underlining ours) s(ii). So far as respondents are concerned, the State Legislature had enacted "The Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968", which provides for temporary release of the prisoners on ::: Downloaded on - 21/10/2023 20:34:33 :::CIS -15- certain conditions. Section 3 and Section 6 of the Act, read as under: -
.
tt3 Temporary release of prlsoners on certaln grounds.-
(1) 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-
specifred in sub-section (2) any prisoner if the Government is satisfied that,-
of
(a) a member of the prisoner's family has died or is seriouslY i1l ; or rt
(b) the marriage of the prisoner's son or daughter is to be celebrated ; or
(c) the temporary release of the prisoner is necessar5r for ploughing, sowing or harvesting or carrying on any other agricuttural operation on his lald 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 ang other suJficient cause.
(2l. The period for which a prisoner may be released shall be determined by the Government so as not to exceed,-
(a) Where the prisoner is to be released on the ground specil-red in clause (a) ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
- 16- of sub-section (1), two weeks;
(b) where the prisoner is to be released on the ground specified in clouse (b) .
or clause (d) of sub-section (1), four uteeks; atd where the prisoner is to be released
(c) on the ground specified in clause (c) of sub-section (1), six weeks.
of (3) The period of release under this section shall not count towards the total period of the sentence of a Prisoner.
rt (4) The Government may, by notification, authorize any officer to exercise its power under this section in respect of all or any of the grounds specifred therein."
6(Prlsoners not entitled to be released in certain cases.- Notwithstanding anything contained in sections 3 and 4, no prisoner shall be entitled to be released under this Act, if, on the report of the District Magistrate, the Government or an ) officer authorized. by it in this behalf is satislied that his release is likely to endanger the security of the State or the mai.ntenance of Public order."
s(iii). In exercise of powers conferred under Section 10 of the Act, the respondents-State have framed "The ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
-t7- Himachal Pradesh Good Conduct Prisoners (Temporary Release) Rules, 1969" (for short 'Rules). The relevant portion .
of Rule 3 reads as under:-
"3. Procedure for temporary release' -
(1) A prisoner desirous of seeking temporary release under section 3 or section 4 of the Act shall make an application in Form of 'A- 1', Form 'A-2', as the case maY be, to the Superintendent of Jail' Such an application may also be made by an adult rt member of the Prisoners' familY' (2t The Superintendent of Jail shall forward the application of a prisoner within 24 hours of its receipt along with his report to the District Magistrate of the district to which the convict belongs. The District Magistrate before making any recommendations sha-ll, with the consultation of the Superintendent of Police, verify the facts and grounds on which temporaqr release has been requested and shall also give their opinion whether ) the temporary release on parole/furlough is opposed on ground of prisoner's presence being dangerous to the security of State or prejudicial to the maintenance of Public Order. The District Magistrate shall complete the process of consultation with ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
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the Superintendent of Police and forward his recommendations within one week to the Inspector General of Prisons (Releasing .
Authority) together with report of Superintendent Jaii, who shall decide the parole/ furlough case ordinarily within a period of three days from the date of receipt of the recommendations of the District Magistrate.
of In the event of the serious illness of close relation i.e. father, mother, brother, sister, spouse or child of the prisoner, the rt application should be processed more expeditiously. However in the event of death of the close relation i.e. father, mother, brother, sister, spouse or child of the prisoner, the Superintendent of the Jail shall also be the competent authority to release a prisoner on parole for a period not exceeding fifteen daYs.
The Superintendent of Jail should release a prisoner on parole immediately on receipt of a death certificate, provided he satisfies himself independently within reasonable time about the genuineness of the certificate' For satisfying himself he will approach the concemed Police Station by wireless arrd verify about the truth of the death and the exact relation of the prisoner with ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
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the deceased in order to ascertain the nearness of the relationshiP.
The Superintendent of Jail shall also take .
into consideration the prisoner's past criminal history and behaviour in the prison since admission as recorded in his case file and the likelihood of his not abusing the concession of parole, if granted' of The Superintendent of Jail shall without fail submit the case hle of the prisoner to whom parole is thus granted, to the rt Inspector General of Prisons enabling him to ensure that the Superintendent has used proper discretion in effecting the re1ease."
IUnderlining ours] s(iv). A perusal of Section 3 of the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968 and Rule 3 of the Rules aforesaid stipulate that a convict can seek temporary release for meeting his (prisoner) family members-relations and/ or for carrying out any other agricultural operation, or on any other sufficient cause, besides other grounds, as mentioned therein' Rule 3 provides for the procedure as to the manner in which the application for parole is to be processed, examined ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
-20 _ and decided by the competent authorities' Section 6 of the Act bars the release of the prisoners, in specified .
eventualities, in case the release is likely to endanger the security of the State or maintenance of public order' 6 ANALYSIS:
6(i). As per the mandate of the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968 of and Rule 3 of the Rules, the District Magistrate was bound to verify the facts, to ascertain the genuineness rt of the grounds on which parole was requested and then to form an opinion based on an impartial ald independent application of mind after considering the entire material i.e. reports-recommendations-inputs etc made by all the designated authorities and then in taking a holistic view of the matter.
In the instant case, a perusal of the report of the District Magistrate dated 15'7'2023, Annexure C in the Instructions, reveals that the District Magistrate has not recommended the case of the petitioner for parole, by relying upon the report of the Superintendent of Police concerned, which reflects that the loca1 police has ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
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raised an objection, on the basis of the statement of the brother of the victim relative ' We are of the .
considered view that once the conduct and behavior of the Petitioner 1n custody, with other inmates and prison stalf was good therefore, the correctional therapy needs to be glven a facelift. Moreover, once nothing of adverse was reported against the petitioner then, the mere objection raised by the brother of victim cannot be made the sole basis for depriving the petitioner of rt the concession of parole, so as to enable him to move towards reformation and to re-establish his social ties and family ties. Further, the mere objection bY the relative cannot be the sole determinative basis for refusing parole. The objection raised bY the local inhabitants / relative cannot be given "pre-dominance and over-weightage" bY totally "brushing aside the other available relevant material(s)-inputs-reports furnished ) by other designated authorities while forming an opinion" AS required by the aPPlicable Statute and the Law. In these circumstances, the inaction of District Magistrate has brushed aside these aspects' then' the ::: Downloaded on - 21/10/2023 20:34:33 :::CIS sarne is sufficient to vitiate the entire decision making process and therefore, the action of the respondents .
in not recommending the case of the petitioner for parole does not stand the test of judicial scrutiny, being erroneous in law.
6(ii). The case records manifest that once the of designated authorities under the State Act and Rules had submitted various reports-recommendations-inputs rt which were in favour of the petitioner but respondents have "failed to resort to a comprehensive exercise for formation of required opinion, after taking into account entire material i.e' reports-recommendations-inputs' in the context of the object and rationale of Parole as mandated by the Statute, Rules and Law in the case of Asfaq (supra) arld therefore, the opinion formation' the non-recommendation of the case of the petitioner and the impugned orders denying the parole are illegal' arbitrary and cannot be permitted to operate' Accordingly' the same are set-aside' 6 (iii). We now proceed to examine the case from ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
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another angle. Provision of Section 6 of the Himachal Pradesh Good Conduct Prisoners (Temporary Release) .
Act, 1968 stipulates that the temporary release-parole can be denied only if the release of a convict is likely to endanger the security of the State or the maintenance of public order.
of In the present case, the respondents have not placed on record arly cogent ald convincing material rt justifying that the temporary release of the petitioner on parole would infringe the mandate of Section 6 of the Act, as mentioned above' Thus, once the case of the petitioner does not fall in any of the exceptional categories, therefore, the inaction of respondents and the impugned order denying the parole to the petitioner does not stand the test of judicial scrutiny and is set-
aside.
6(iv). Records reveal that once the conduct and behavior of the petitioner while in custody has been found to be good and nothing adverse existed against him then, the action of respondents in not recommending the case for parole wrll certainlA amount to frustrating ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
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and d.efeating the uery object, purpose and rationale of granting parole, as carved out by the enactment(s) and .
the law laid down by the Hon'ble Apex Court, in the case of Asfaq (suprai. Accordingly, the inaction of the respondents and the impugned order is untenable in law.
of 6 (v). The stand of the respondents that the parole cannot be claimed as of right is not in dispute' rt However, we are of the considered view, that even if the parole is a concession, then also, the authorities are bound to exercise its discretion in fair, impartial and judicious manner, by taking a holistic view after taking into account all the relevant factor(s) / materials i.e. reports-recommendations-inputs but without giving any predominance or over-weightage to one factor only and by brushing aside other material(s)-factors, as has been done in the instant case.
6(vi). The Co-ordinate Bench of this Court' ln CWP No 3576 of 2021, titled as Virender Kumar @ Bindu Versus State of Himachal Pradesh and others ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
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decided, on 23.07.2021, has outlined that the statement /objection made by the local police or the relative cannot .
be the sole basis for denying parole to a convict' Para 5 is reproduced here-in-below:-
"5 In the instant case, the documents placed on record make it manifestly clear that the procedure prescribed under the Act and the of Rules framed thereunder has though been followed by the respondents, but oniy mechanically. The Additional District Magistrate has not expressed his objective satisfaction rt in not recommending release of the petitioner' He has only expressed that vlctim's father and the local police has obJected for petitionerts release on Parole. The Distict Maqistra te's report should be co morehensiue and not mechan reoroduction o f the o olice report and the sta tements of uictim's fa milu members. The Distict trate is ired to aoolu his artial and indeoe ent mind as uhether the oetitioner can be recommended for t emoora rure e or not The satis ction to be in t o s n6o the This aspect is missing in the case. The objection raised by the father of the victim may have its own merit and cannot be brushed aside, but at the same time, this obJection cannot be accepted as a sole ground fot denylng parole to the petltloner' The objection lrr;,s to be considered uiz-a-uiz prouisions of Sections 3 and 6 of the Act and the Rules framed thereunder' If tte objection of the father of the petitioner is to be accepted taithout looking into the prouisions of tlrc Act and the Rules, then ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
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probablA the petitioner will neuer be able to get the Parole-
(Underlining Ours) .
6(vii). It goes without saying, that the apprehension' of respondents, if any, which is, based on the statement /objection raised by a relative) can be adequately safeguarded by imposing stringent/ strict conditions before of releasing the petitioner on parole' It ' is also made clear that during the parole period, if the petitioner involves rt or attempts or conspires to commit any of the offences in law ; then, such involvement or attempt shall entail cancellation of parole automatically' In the peculiar facts and circumstances of the instant case, we may add that during the parole period, the petitioner shall not leave his place of residence, without informing the concerned SI/SHO or Incharge of Nearest Police Post as well as the Pardhan' Gram Panchayat concerned and failure to comply with this condition shall also entail automatic cancellation of the parole of the petitioner' It is further made clear that on expry of Parole period, the petitioner shall ::: Downloaded on - 21/10/2023 20:34:33 :::CIS a1 surrender before Superintendent Jail, Lala Lajpat Rai Open Air Correctional Home, Dharamshala, (HP)' In the .
peculiar facts and circumstances, the Respondents are at liberty to impose arry other just and reasonable condition(s), as deemed fit and proper to meet the ends of justice.
of 7 CONCLUSION AN D DIRECTIONS:
7(i). In view of the above discussion, the instalt rt writ petition is allowed, with the following directions :-
Order dated 18.8.2023, {as mentioned
(i) in the Instructions dated 18.10.2023), rejecting the request of the petitioner for parole is quashed and set-aside'
(ii) Respondents are directed to re-consider the case and to extend the concession of parole to the petitioner, for a period of 42 days ; on his furnishing a personal bond in the sum of Rs 2,00,000/- with two sureties in the like amount, to the satisfaction of Superintendent Jail, Lala Lajpat Rai Open Air Correctional Home Dharamshala, (HP).
(iii) It is also made clear that the petitioner ::: Downloaded on - 21/10/2023 20:34:33 :::CIS -28- shall surrender before Superintendent of Jail, Lala Lajpat Rai Open Air Correctional Home, Dharamshala, (HP), on exPiry of .
parole period. In case, the petitioner breaches any of the conditions of parole order or creates any law and order problem, then, the respondents are free to cancel the parole and take action of against the petitioner in accordance with law.
(iv). In peculiar facts and circumstances, rt herein, respondents are at liberty to impose any other just and reasonable condition(s), in addition to the conditions mentioned in Para 6(vii), of this Order, supra, if deemed fit and ProPer, to meet the ends of justice.
(") The Respondents are directed to ensure that while the granting Parole, both the convicts i.e. the petitioner (in CWP No 5978 of 2023) and the Petitioner in {another CWP No 5979 of 2023 titled as Rakesh Kumar s/o Chuni Lal} should not be released simultaneously but the second one be released after one of the released convicts reports back/ surrenders on expiry of respective ::: Downloaded on - 21/10/2023 20:34:33 :::CIS
-29 -
parole period.
8. The instant writ petition is allowed in the aforesaid terms. pending application(s), if any, are .
also disposed of.
(Tarlok Singh Chauhan) Judge of (Ranjan Sharmaf Judge October L9,20.23 IM) rt ::: Downloaded on - 21/10/2023 20:34:33 :::CIS