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Himachal Pradesh High Court

Satish Kumar vs State Of H. P. & & Ors on 7 December, 2022

Bench: Tarlok Singh Chauhan, Virender Singh

            IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                  CWP No. 7648 of 2022




                                                                                 .
                                                  Decided on: 07.12.2022





    Satish Kumar                                                            ...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. Sunil Kumar, Advocate.

    For the Respondents :Mr. Ashok Sharma, A.G. with Mr. Rajinder
                        Dogra, Sr. Addl. A.G., Mr. Vinod Thakur,
                        Addl. A.G., 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 reliefs:-

i) That this Hon'ble Court may kindly be pleased to issue writ in the nature of certiorari, thereby quash and set aside the Annexure P-2 dated 20.09.2022 in the interest of justice and fair play.

ii) That this Hon'ble Court may kindly be pleased to issue writ in the nature of mandamus, thereby directing the respondents to release the petitioner on parole for the period of 42 days to meet with family and for built up the new house, in the facts and circumstances of the present case.

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2. The proved case of the petitioner is that after conducting necessary inquiry parole was not recommended by .

the District Magistrate, Muzzafarnagar vide his letter dated 06.09.2022.

3. Record reveals that the petitioner has already served sentence of more than 7 years and had on three occasions earlier was released on parole and there was no complaint whatsoever regarding his conduct during that period.

4. In the given facts and circumstances, we allow the present writ petition by quashing the order of rejection of parole dated 20.09.2022 (Annexure P-2) and extend the benefit of parole for a period of 28 days on petitioner furnishing personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the Superintendent of Police, Modern Central Jail, Kanda, Shimla. 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 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





                                                 (Virender Singh)
    7th December, 2022                                Judge





          (sanjeev)













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