Himachal Pradesh High Court
Dikshit And Another vs State Of Himachal Pradesh And ... on 26 July, 2023
Bench: Tarlok Singh Chauhan, Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.4186 of 2023
Date of Decision : 26th July, 2023
.
Dikshit and another
...... Petitioners
Versus
State of Himachal Pradesh and others
......Respondents
Coram:
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge
The Hon'ble Mr. Justice Satyen Vaidya, Judge
1
Whether approved for reporting? No
For the Petitioners : Mr. Kunal Thakur and Mr. Ajeet Singh,
Advocates.
For the Respondents : Mr. I.N. Mehta, Senior Additional Advocate
General with Mr. Ramakant Sharma &
Ms. Sharmila Patiyal, Additional Advocates
General, Ms. Priyanka Chauhan, Deputy
Advocate General and Mr. Rajat Chauhan,
Law Officer, for the State.
Tarlok Singh Chauhan, Judge (oral)
The petitioners, who are minor children of convict Rohit
Kumar, have filed this writ petition, seeking therein a direction to
release their father on parole.
2. The respondents have placed on record instructions dated
22.7.2023 which go to indicate that the petitioners' father, namely,
Rohit Kumar, son of Shri Subhash Kaistha, has been convicted by
the learned Judicial Magistrate First Class, Jhandutta, District
1 Whether reporters of Local Papers may be allowed to see the judgment?
Bilaspur for an offence punishable under Section 138 of the
Negotiable Instruments Act, 1881 and sentenced to undergo
simple imprisonment for 01 year and to pay a compensation of
.
Rs.8,00,000/- vide judgment dated 26.9.2022. In addition to this,
Rohit Kumar has been convicted in 06 other cases, out of which,
sentence is executed in 03 cases, whereas, he has been bailed
out in 02 cases and in remaining 01 case, he has already
undergone the sentence. Besides this, convict Rohit Kumar is
also facing trial in 22 similar cases in various Courts of law.
2. Therefore, in such circumstances, a moot question arises,
as to whether the father of the petitioners can be released on bail.
3. As per paragraph-19.12 of the Prison Manual, 2021,
convicts are eligible for release on parole on the completion of 01
year of actual imprisonment counted from the date of his
admission in the prison, whereas in the instant case, convict Rohit
Kumar has completed only 01 month and 11 days of his
imprisonment, as is evident from the custody certificate dated
17.7.2023 (Annexure-'C') issued by the Jail Superintendent,
District Open Air Jail, Bilaspur. Therefore, in such circumstances,
the convict is not even eligible, much less entitled for temporary
release on parole.
4. In view of the aforesaid, we find no merit in the instant
petition and the same is accordingly dismissed.
5. Pending miscellaneous application(s), if any, shall also
.
stand disposed of.
( Tarlok Singh Chauhan )
Judge
( Satyen Vaidya)
[ Judge
July 26, 2023 (KS)
