____________________________________________________________ vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 1697 HP

         IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                                               CWP No.6008 of 2020




                                                                             .
                                  Decided on: 5th March, 2021





    ____________________________________________________________
    Verinder Singh                                     ....Petitioner





                                       Versus
    State of Himachal Pradesh and others              ...Respondents
    ____________________________________________________________
    Coram





    Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice.
    Hon'ble Mr. Justice Anoop Chitkara, Judge.

    1 Whether approved for reporting?
    ____________________________________________________________
    For the petitioner:
                        r       Ms.Rajvinder Sandhu, Advocate

    For the respondents:                   Mr. Adarsh K. Sharma, Ms. Ritta
                                           Goswami and Mr. Nand Lal Thakur,
                                           Additional Advocates General with
                                           Mr. Yudhvir Singh Thakur, Deputy


                                           Advocate General.

    Anoop Chitkara, Judge (Oral)

Aggrieved by the denial of parole to say final good-

bye to old ailing grandmother, Didar Singh, who is a life

convict, has come up before this Court, through his father,

Verinder Singh, petitioner herein.

2. We have heard Ms. Rajvinder Sandhu, learned

counsel for the petitioner and Mr. Adarsh K. Sharma, learned

Additional Advocate General, and gone through the record.

1 Whether reporters of Local Papers may be allowed to see the judgment?

3. Vide order dated 02.11.2020, Annexure R-2, the

Deputy Commissioner, Solan, did not give consent for parole

.

by assigning two reasons; firstly, that he is involved in

heinous offence and secondly, that when he was previously

released on parole, he did not join the prison on time.

However, reference is made that the panchayat has no

objection about his release on bail.

4. A reference be made to Annexure P-3, which is

report of Pradhan, Gram Panchayat, Jagatpur, dated

11.12.2020, which reveals that grandmother of Didar Singh

is aged 86-87 years and is seriously unwell. It is further

submitted that she wants to say final good-bye to her grand-

son and, as such, Pradhan recommended the release of Didar

Singh on parole. Annexure P-1, dated 23.10.2020, issued by

the Superintendent of Police, Solan, mentions that on the last

time, when Didar Singh was released on parole, he joined

the prison after eight days.

5. In paragraph-3 of the petition, the petitioner

explains that on last time in 2019, Didar Singh was late as he

fell ill and annexed medical certificate, Annexure P-2, in this

regard.

6. Given the fact that the delay in reporting

back to the prison was just eight days coupled with the fact

.

that grandmother of Didar Singh is 86-87 years of age and as

per the report of Pradhan, she is seriously ill and wants to

meet her grand-son to say final good-bye to him. The denial

of parole would amount to denial of wishes of old lady, who

wants to say final good-bye to her grand-son.

7. Given above, order of rejection dated 02.11.2020,

Annexure R-2, and rejection by Superintendent of Police,

Solan, dated 23.10.2020, Annexure P-1, are quashed and set

aside and the concerned respondent are directed to

immediately release the son of petitioner, Didar Singh, on

parole, after completing legal requirements.

Consequently, the present petition stands

disposed of, so also the pending miscellaneous application(s),

if any.

Copy dasti.

(L. Narayana Swamy) Chief Justice

(Anoop Chitkara) Judge March 05, 2021 (R.Atal)