In a writ petition filed for quashing of a rejection letter and issuance of a writ of mandamus for parole, the High Court ordered the petitioner's release on parole for four weeks subject to satisfaction by the Jail Superintendent.
Petitioner released on parole for four weeks subject to satisfaction of respondent No. 4.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 27th DAY OF MAY, 2022
BEFORE
HON'BLE MS. JUSTICE SABINA
ACTING CHIEF JUSTICE
&
HON’BLE MR. JUSTICE SATYEN VAIDYA
CIVIL WRIT PETITION NO. 2123 OF 2022
BETWEEN:
YASH PAL @ SONU, AGED 40 YEARS, S/O SH. RAMESH CHAND, RESIDENT OF VILLAGE & POST OFFICE BASOLI, TEHSIL & DISTRICT UNA, HIMACHAL PRADESH, PRESENTLY LODGED IN MODEL CENTRAL JAIL, KANDA, DISTRICT SHIMLA, HIMACHAL PRADESH.
……..PETITIONER
(BY MS. RAJVINDER SANDHU, ADVOCATE )
AND
1. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (HOME) TO THE GOVERNMENT OF HIMACHAL PRADESH, HP SECRETARIAT, CHOTTA SHIMLA, SHIMLA-1, H.P.
2. DISTRICT MAGISTRATE, UNA, DISTRICT UNA, HIMACHAL PRADESH.
3. DIRECTOR GENERAL OF PRISONS, HIMACHAL PRADESH BLOCK NO.31, SDA COMPLEX KASUMPTI, SHIMLA-9.
4. SUPERINTENDENT OF JAIL, MODEL CENTRAL JAIL, KANDA, DISTRICT SHIMLA, HIMACHAL PRADESH.
........RESPONDENTS
(BY SHRI. VIKRANT CHANDEL, DEPUTY ADVOCATE GENERAL )
This petition coming on for orders, this day Hon'ble Ms. Justice Sabina, passed the following :-
O R D E R
Petitioner has filed this petition under Article 226 of the Constitution of India, seeking following relief(s):
“(i) That the impugned rejection letter dated 09.02.2021 contained in Annexure P-3 may kindly be quashed and set aside by issuing a writ of certiorari. (ii) That the writ of mandamus may kindly be issued directing respondents to grant parole to the petition, in a time bound manner, as per law laid down therefor.”
of ten years imprisonment, petitioner has already undergone about
4½ years of actual sentence. The conduct of the petitioner in jail is good. There is no other criminal case pending against the petitioner.
it will be just and expedient to order the release of the petitioner on parole for four weeks. Accordingly, petitioner be released on parole for four weeks, subject to the satisfaction of respondent No.4 .
( Sabina) Acting Chief Justice
( Satyen Vaidya ) Judge
May 27, 2022 (sushma)
1 issue framed by the court
Whether the petitioner should be released on parole.
1 provisions across 1 enactments
Yash Pal @ Sonu
State of Himachal Pradesh
District Magistrate, Una
Director General of Prisons, Himachal Pradesh
Superintendent of Jail, Model Central Jail, Kanda
Sabina
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
