Sunny Kumar vs State Of Himachal Pradesh And Others

Tarlok Singh Chauhan, J

The petitioner has filed the instant petition for grant of the following substantive reliefs:-

“A. That this Hon'ble Court may kindly be pleased to issue the direction for respondent No.1 to 4 to quash and set aside the Annexure P-3 dated 29-09-2022, in the interest of justice and fair play.

B. That this Hon’ble Court may kindly be pleased to issue writ in the nature of mandamus, thereby directing the respondents to release the petitioner on parole for the period of 28 days to meet his family members just to maintain family and social ties.”

A stereotype defence has been taken in the reply by the respondents opposing the prayer made by the petitioner to the effect that father of victim has raised objection for release of the petitioner on parole and has expressed an apprehension that he can fight with the victim’s family and further can harm the victim. However, such an apprehension is not substantiated by any material on record.

It is more than settled that parole is normally granted in order to enable the prisoners to maintain family and social ties. For this purpose, he has to come out for some time so that he is able to maintain his family and social contact. This reason finds justification in one of the objectives behind sentence and punishment, namely, reformation of the convict. The theory of criminology, which is largely accepted, underlines that the main objectives which a State intends to achieve by punishing the culprit are: deterrence, prevention, retribution and reformation. When we recognize reformation as one of the objective, it provides justification for letting of even the life convicts for short periods, on parole, in order to afford opportunities to such convicts not only to solve their personal and family problems but also to maintain their links with the society. Another objective which this theory underlines is that even such convicts have right to breathe fresh air, al beit for periods. These gestures on the part of the State, along with other measures, go a long way for redemption and rehabilitation of such prisoners. They are ultimately aimed for the good of the society and, therefore, are in public interest.

In these facts and circumstances, we are persuaded to allow the present writ petition filed by the petitioner by setting aside the order dated 20.09.2022 (Annexure P-3) and, consequently, the benefit of parole is ordered to be extended in favour of the petitioner for a period of 28 days, on his furnishing personal bond in the sum of Rs.1,00,000/- (one lakh) with two sureties in the sum of Rs. 15,000/-each, to the satisfaction of the Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, H.P. The petitioner shall surrender before the Superintendent of Jail, Model Central Jail, Nahan, District Sirmaur, H.P. immediately on expiry of 28 days of parole. However, the petitioner’s parole shall be liable to be cancelled in case he breaches any of the conditions of the parole order and/or creates law and order problems, which shall be treated as a negative factor for consideration of his similar prayers in the future.

The instant petition is allowed, in the aforesaid terms. Pending application(s), if any, also stands disposed of.