Himachal Pradesh High Court
Kewal Ram @ Guddu vs State Of Himachal Pradesh on 2 June, 2022
Bench: Sabina, Satyen Vaidya
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 2nd DAY OF JUNE, 2022
.
BEFORE
HON'BLE MRS. JUSTICE SABINA
ACTING CHIEF JUSTICE
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION No. 1572 of 2022
Between:
KEWAL RAM @ GUDDU,
S/O SH. MOTI RAM,
R/O VILLAGE PAAV,
POST OFFICE BHUJAL,
TEHSIL RAJGARH,
DISTRICT SIRMOUR,
H.P., PRESENTLY
CONFINED IN MODEL
CENTRAL JAIL, KANDA,
DISTRICT SHIMLA, H.P.,
AGE 49 YEARS
...PETITIONER
(BY MS. RAJVINDER SANDHU,
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH,
THROUGH PRINCIPAL SECRETARY
(HOME) TO THE GOVERNMENT
OF HIMACHAL PRADESH,
H.P. SECRETARIAT,
CHOTTA SHIMLA,
SHIMLA - 1, H.P.
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2
2. DISTRICT MAGISTRATE,
SIRMOUR AT NAHAN.
.
3. DIRECTOR GENERAL OF
PRISONS, HIMACHAL PRADESH,
BLOCK NO. 31,
SDA COMPLEX KASUMPTI,
SHIMLA - 9.
4. SUPERINTENDENT OF JAIL,
MODEL CENTRAL JAIL,
KANDA, DISTRICT SHIMLA,
H.P.
...RESPONDENTS
(BY MR. VIKRANT CHANDEL,
DEPUTY ADVOCATE GENERAL)
This Civil Writ Petition coming on for admission this
day, Hon'ble Mrs. Justice Sabina, passed the following:
ORDER
Petitioner has filed this petition under Article 226 of the Constitution of India seeking parole.
2. Learned counsel for the petitioner has submitted that the petitioner be ordered to be released on parole as his mother is suffering from cancer.
3. Learned Deputy Advocate General, on the other hand, has opposed the petition and has submitted that the petitioner had applied for parole on 18th May, 2021 to meet his family members. Petitioner was ordered to be released on parole, but, he ::: Downloaded on - 02/06/2022 20:04:48 :::CIS 3 failed to surrender within the stipulated period. Hence, the petitioner is not entitled for the benefit of parole as he had earlier .
misused the concession of parole granted to him.
4. In the present case, the petitioner is undergoing sentence with regard to his conviction for offence under the Narcotic Drugs and Psychotropic Substances Act, 1985.
Petitioner was earlier ordered to be released on parole in May, 2021. However, petitioner misused the concession of parole and did not surrender within the stipulated period. Petitioner had to be arrested and was lodged in jail.
5. Keeping in view the fact that the petitioner had earlier jumped the parole, no ground for his release on parole is made out.
6. Dismissed.
7. Pending miscellaneous applications, if any, shall also stand disposed of.
( Sabina ) Acting Chief Justice ( Satyen Vaidya ) Judge June 02, 2022 ( rajni ) ::: Downloaded on - 02/06/2022 20:04:48 :::CIS