Himachal Pradesh High Court
Alam Singh @ Avtar @ Tari vs State Of Himachal Pradesh And Others on 27 June, 2023
Bench: Tarlok Singh Chauhan, Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.2519 of 2023
Date of Decision : 27th June, 2023
.
Alam Singh @ Avtar @ Tari
...... Petitioner
Versus
State of Himachal Pradesh and others
......Respondents
Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
The Hon'ble Mr. Justice Satyen Vaidya, Judge
1
Whether approved for reporting? No
For the Petitioner
r : Mr. M.A. Safee, Advocate.
For the Respondents : Mr. Anup Rattan, Advocate General with
Mr. Ramakant Sharma & Ms. Sharmila Patiyal,
Additional Advocates General, Ms. Priyanka
Chauhan, Deputy Advocate General and
Mr. Rajat Chauhan, Law Officer.
Tarlok Singh Chauhan, Judge (oral)
The petitioner has filed the instant petition for grant of the following substantive reliefs:-
"(i) That this Hon'ble Court may graciously be pleased to issue the writ in the nature of Certiorari or any other appropriate writ order or directions, thereby quashing the impugned order dated 18.03.2023 (Annexure P-4) being patently illegal, arbitrary and in violation to the objective of H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment?::: Downloaded on - 28/06/2023 20:32:08 :::CIS 2
Good Conduct Prisoners (Temporary Release) Act 1968.
(ii) That this Hon'ble Court may graciously be .
pleased to issue the writ in the nature of Mandamus or any other appropriate writ order or directions directing the respondents to release the petitioner on parole for the period of four weeks, thereby allow him to visit his home to meet and help his old aged parents."
2. A stereotype defence has been taken in the reply by the respondents opposing the prayer made by the petitioner to the effect that even though the Village Panchayat and the Police have no objection to the parole being granted to the petitioner yet the victim's family has expressed an apprehension regarding danger to them in the event the petitioner is released on parole. However, no factual or reasonable foundation has been set forth in the affidavit for this apprehension.
3. It is more than settled that parole is normally granted in order to enable the prisoners to maintain family and social ties. For this purpose, he has to come out for some time so that he is able to maintain his family and social contact. This reason finds justification in one of the objectives behind sentence and punishment, namely, reformation of the convict. The theory of criminology, which is largely accepted, underlines that the main objectives which a State intends to ::: Downloaded on - 28/06/2023 20:32:08 :::CIS 3 achieve by punishing the culprit are: deterrence, prevention, retribution and reformation. When we recognize reformation as one of the objective, it provides justification for letting of even the life convicts for .
short periods, on parole, in order to afford opportunities to such convicts not only to solve their personal and family problems but also to maintain their links with the society. Another objective which this theory underlines is that even such convicts have right to breathe fresh air, al beit for periods. These gestures on the part of the State, along with other measures, go a long way for redemption and rehabilitation of such prisoners. They are ultimately aimed for the good of the society and, therefore, are in public interest.
4. In these facts and circumstances, we are persuaded to allow the present writ petition filed by the petitioner by setting aside the order dated 18.3.2023 (Annexure P-4) and extending the benefit of parole for a period of 28 days in favour of the petitioner, on his furnishing personal bond in the sum of Rs.1,00,000/- (one lakh) with two sureties in the sum of Rs. 15,000/- each, to the satisfaction of the Superintendent Jail, Modern Central Jail, Nahan, District Sirmour, Himachal Pradesh. The petitioner shall surrender before the Superintendent Jail, Modern Central Jail, Nahan, District Sirmour, Himachal Pradesh, immediately on expiry of 28 days of parole.
However, the petitioner's parole shall be liable to be cancelled in case he breaches any of the conditions of the parole order and/or creates ::: Downloaded on - 28/06/2023 20:32:08 :::CIS 4 law and order problems, which shall be treated as a negative factor for consideration of his similar prayers in the future.
5. The instant petition is allowed, in the aforesaid terms. Pending .
application(s), if any, also stands disposed of.
( Tarlok Singh Chauhan )
Judge
( Satyen Vaidya)
[ Judge
June 27, 2023 (KS)
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