Himachal Pradesh High Court
Shako Lal vs State Of H. P. & & Ors on 28 December, 2022
Bench: Tarlok Singh Chauhan, Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No. 8504 of 2022
.
Decided on: 28.12.2022
Shako Lal ...Petitioner
Versus
State of H. P. & & Ors. ...Respondents
Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting? 1
For the Petitioner : Mr. Ashish Jamalta, Advocate.
For the Respondents :Mr. Anup Rattan, A.G. with Mr. Vinod
Thakur, Mr. Shiv Pal Manhans, Addl.
A.Gs., Mr. Bhupinder Thakur, Dy. A.G.
and Mr. Rajat Chauhan, Law Officer.
Tarlok Singh Chauhan, Judge (Oral)
The instant petition has been filed for grant of the following substantive reliefs:-
i) That the rejection letter dated 30.08.2022 issued by respondent No. 2 whereby the claim of the petitioner for grant of parole has been rejected may very kindly be quashed and set aside.
ii) That the respondents may very kindly be directed to grant parole for 28 days to the petitioner, in a time bound manner.1
Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 30/12/2022 20:32:23 :::CIS 2
2. The proved case of the petitioner is that after conducting necessary inquiry parole was not recommended .
by the District Magistrate, Chittorgarh, Rajasthan vide his letter dated 18.05.2022.
3. Record reveals that the petitioner has already served sentence of more than 6 years and there was no complaint whatsoever regarding his conduct during that period. r
4. In the given facts and circumstances, we allow the present writ petition by quashing the order of rejection of parole dated 30.08.2022 (Annexure P-2) and extend the benefit of parole for a period of 28 days to the petitioner on furnishing personal bond in the sum of Rs.1,00,000/-, with two sureties in the sum of Rs. 1,00,000/- each, out of whom one essentially would be a permanent resident of this State, to the satisfaction of the Superintendent Jail, Modern Central Jail, Nahan, District Sirmour, H.P. The petitioner shall surrender before the concerned Superintendent immediately on expiry of 28 days. The Parole shall be liable to be cancelled, in case, the petitioner breaches any of the conditions of the Parole order and/or creates law and order ::: Downloaded on - 30/12/2022 20:32:23 :::CIS 3 problem, which shall be treated as negative factor for consideration of his similar prayer, in future.
.
5. The petition stands disposed of in the aforesaid terms, so also pending applications, if any.
(Tarlok Singh Chauhan)
Judge
28th December, 2022
(sanjeev)
r to (Virender Singh)
Judge
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