Himachal Pradesh High Court
Jagat Pal vs State Of H.P on 2 July, 2018
Author: Chander Bhusan Barowalia
Bench: Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MMO No. 255 of 2018 Decided on: 02.07.2018 .
_____________________________________________________________ Jagat Pal .....Petitioner Versus State of H.P. ......Respondent _________________________________________________________________ Coram The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
1Whether approved for reporting?
_______________________________________________________________ For the petitioner: Ms. Rajvinder Sandhu, Advocate.
For the respondent: Mr. Ashwani Sharma and Mr. P.K.
Bhatti, Additional Advocate
Generals with Mr. Rajat
Chauhan, Law Officer.
____________________________________________________________ Chander Bhusan Barowalia, Judge The present petition, under Section 482 of the Code of Criminal Procedure, is maintained by the petitioner, who is undergoing life imprisonment, under Sections 147, 148, 323/149, 342/149 and 302/149 of the Indian Penal Code, with a prayer to release him on parole. As per the petitioner, his young daughter is suffering from some abdominal dis-function and undergoing treatment from Bilaspur and she has been advised to consult the surgeon at IGMC, Shimla. Further the daughter of the petitioner is 20 years of age and her mother and grandmother are not in a 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 02/07/2018 23:00:28 :::HCHP 2position to accompany her, thus the petitioner is praying for parole of 42 days to get her daughter treated.
.
2. Status report stands filed, wherein it has been averred that earlier also the petitioner was released on parole and no danger was caused by him to the society and if he is again released on parole, there is no danger to the society.
3. Heard. At this stage, taking into consideration the fact that the petitioner has to get her daughter treated from IGMC, Shimla and also taking into consideration the contents of the status report, wherein in para 4, Up Pradhan, Gram Panchayat Maharana, Ghumarwin and Smt. Anita Devi, Ward Member in their statements recorded by the Police have stated that if the petitioner is released on parole, there is no danger to the society. This Court finds that to meet the ends of justice, the prayer of releasing the petitioner on parole is required to be allowed.
4. Accordingly, the present petition is allowed and the respondent/State is directed to release the petitioner on parole for 42 days, in accordance with rules. However, after 42 days, the petitioner is directed to surrender before the jail authorities, or in case his daughter still remain ill and required to be attended upon, he may move appropriate ::: Downloaded on - 02/07/2018 23:00:28 :::HCHP 3 authority for extension of parole.
5. The petition is disposed of accordingly.
.
Copy dasti.
(Chander Bhusan Barowalia)
Judge
July 2, 2018
(raman)
r to
::: Downloaded on - 02/07/2018 23:00:28 :::HCHP