High CourtsDivision Bench

Sanjay Kumar vs State Of H.P And Others

High Court Of Himachal Pradesh · Decided on 29 June 2022 · Citation: (2022) 06 SHI CK 0081

HON’BLE JUDGES
Sabina, J · Satyen Vaidya, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226
RESULT
Allowed
CASE NUMBER
Civil Writ Petition No. 1301 Of 2022
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Judgment

7 paragraphs · 193 words

Sabina, J

1.

Petitioner has filed the petition under Article 226 of the Constitution of India, seeking parole for four weeks.

2.

Learned counsel for the petitioner has submitted that the petitioner is in custody for the last more than ten years including remissions. The jail conduct of the petitioner is satisfactory. Petitioner required parole to enable him to lookafter his family.

3.

Learned State counsel has opposed the petition.

4.

Perusal of Annexure P-4 Custody Certificate of the petitioner reveals that the petitioner has undergone about ten years of sentence including remissions. Jail conduct of the petitioner is satisfactory. Petitioner was released on parole from 24.9.2020 to 21.10.2020. However, he had surrendered late by 11 days. The overstay has been duly regularized by the competent authority vide letter dated 3.3.2021.

5.

In view of facts and circumstances of the case, we are of the opinion that it would be just and expedient to order the release of the petitioner on parole. Accordingly, the petition is allowed. Petitioner is ordered to be released on parole for four weeks, subject to satisfaction of respondent No.4.

6.

Pending application(s), if any, also stand disposed of.