______________________________________________________________ vs State Of H.P. & Ors
2023 Latest Caselaw 530 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                       CWP No. 7580 of 2022
                                                      Decided on: 09.01.2023




                                                                                     .

        ______________________________________________________________
    Husain Kumar                                                          ....Petitioner
                                           Versus





        State of H.P. & Ors.                                         ...Respondents
    _




    Coram
    The Hon'ble Ms. Justice Sabina, Judge.





    The Hon'ble Mr. Justice Sushil Kukreja, Judge.

    Whether approved for reporting?1
    For the petitioner             :           Mr. Pankaj Sawant, Advocate.


    For the respondents                :       Mr. Anup Rattan, Advocate
                                               General with Mr. Y.P.S. Dhaulta,
                                               Additional Advocate General.


    Sabina, Judge (oral)

Petitioner has filed the petition under Article 226 of

the Constitution of India, seeking his release on first parole for a

period of four weeks.

2. Learned counsel for the petitioner has submitted

that the petitioner has undergone more than 5 years of actual

sentence, out of 10 years. Jail conduct of the petitioner is

satisfactory.

3. Learned Additional Advocate General, on the other

hand, has submitted that the victim has showed apprehension

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

that the petitioner might indulge in the same offence again or

may disturb the peace and tranquility of the area.

.

4. After hearing learned counsel for the parties, we are

of the opinion that the petitioner has already undergone half of

the sentence. Jail conduct of the petitioner is satisfactory and

he is not a previous convict.

5. Accordingly, the petition is allowed. The petitioner

be released on parole for a period of four weeks, subject to the

satisfaction of respondent No. 4.

Pending application(s), if any, shall also stand

disposed of.

                                                          ( Sabina )
                                                            Judge




                                                    ( Sushil Kukreja )





    January 09, 2023                                     Judge
         (raman)