Shako Lal vs State Of H. P. & & Ors
2022 Latest Caselaw 11651 HP

          IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                                  CWP No. 8504 of 2022




                                                                                 .
                                                  Decided on: 28.12.2022





    Shako Lal                                                               ...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. Ashish Jamalta, Advocate.


    For the Respondents :Mr. Anup Rattan, A.G. with Mr. Vinod
                       Thakur, Mr. Shiv Pal Manhans, Addl.
                       A.Gs., 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 substantive reliefs:-

i) That the rejection letter dated 30.08.2022 issued

by respondent No. 2 whereby the claim of the petitioner for grant of parole has been rejected may very kindly be quashed and set aside.

ii) That the respondents may very kindly be directed to grant parole for 28 days to the petitioner, in a time bound manner.

Whether reporters of the local papers may be allowed to see the judgment? yes

2. The proved case of the petitioner is that after

conducting necessary inquiry parole was not recommended

.

by the District Magistrate, Chittorgarh, Rajasthan vide his

letter dated 18.05.2022.

3. Record reveals that the petitioner has already

served sentence of more than 6 years and there was no

complaint whatsoever regarding his conduct during that

period. r

4. In the given facts and circumstances, we allow

the present writ petition by quashing the order of rejection

of parole dated 30.08.2022 (Annexure P-2) and extend the

benefit of parole for a period of 28 days to the petitioner on

furnishing personal bond in the sum of Rs.1,00,000/-, with

two sureties in the sum of Rs. 1,00,000/- each, out of whom

one essentially would be a permanent resident of this State,

to the satisfaction of the Superintendent Jail, Modern

Central Jail, Nahan, District Sirmour, H.P. 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




    28th December, 2022
          (sanjeev)
                          r         to           (Virender Singh)
                                                      Judge