ROSHAN LAL Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2021-2-15
HIGH COURT OF HIMACHAL PRADESH
Decided on February 26,2021

ROSHAN LAL Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

TARLOK SINGH CHAUHAN,J. - (1.) The request made by the petitioner for releasing him on parole has been turned down by the respondents, constraining him to file the instant petition for the grant of following substantive relief:- "i). Issue a writ of mandamus directing respondent No. 2 to grant parole to the petitioner in a time bound manner, as per law laid down therefor;
(2.) The only ground for rejecting the request of the petitioner for releasing him parole is that he has been convicted for offences i.e. under Sections 302, 211 and 34 of the Indian Penal Code and sentenced to life imprisonment and presently undergoing the imprisonment at Model Central Jail Nahan and the complainant of the case namely Krishan Dev son of Sh. Dhayan Singh r/o, Ward No. 3, Mawakoholan, Tehsil Ghanari, District Una has raised objection qua his release on parole and during re-examination of the above parole case, it has found that there were three persons involved in the aforesaid case and out of three, one person has absconded while availing the parole and still at large.
(3.) Now the moot question is whether the request for grant of parole can be rejected only on the ground that the petitioner has been convicted for a serious and heinous offence and that the complainant has raised objection qua parole of the petitioner.;


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