Daulat Ram Vs the State of Hp and Others

Status report stands filed, wherein it has been stated, as also evident from the custody certificate, that petitioner is undergoing rigorous imprisonment for life for his conviction vide judgment/order dated 21.3.2023, passed by Sessions Judge Kullu, District Kullu, H.P. in Session Trial No. 27(08) of 2019 in case FIR No. 281 of 2018 dated 10.11.2018 registered in Police Station Manali under Sections 302 and 323 of the Indian Penal Code.

As per instructions received, petitioner is convicted in a case of murder of his father, and his brother Hem Raj had appeared as a witness against him. It has been submitted by learned Additional Advocate General that brother and Gram Panchayat of petitioner have objected release of petitioner on parole on the ground that there is threat of life, particularly keeping in view the conduct of the petitioner. It has been further submitted by learned Additional Advocate General, as also evident from the judgment passed by learned Sessions Judge, that petitioner is also patient of Psychiatry as he is suffering from Schizophrenia, which is severe mental disorder with abnormality of thought, emotion and behaviour with loss of contact with reality and, therefore, there is every possibility of causing law and order problem, in case petitioner is enlarged on parole.

As per para 19.07, contained in Chapter XIX of H.P. Prison Manual, 2021, prisoners suffering from mental illness, if not certified by the

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CWP No. 10483 of 2024

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Medical Officer to have recovered, are not eligible for release on parole or furlough.

Taking into consideration the material available before us, we are of the considered opinion that petitioner is not eligible for release on parole or furlough, at this stage, however, in changed circumstances and/or for better particulars/documents as required under relevant provisions and guidelines, petitioner may again seek his temporary release on parole or furlough as permissible under law and in such eventuality such application shall be considered by the authorities on the basis of circumstances prevailing at relevant point of time without being influenced by observations made in this order/judgment.

The petition is dismissed in aforesaid terms, alongwith pending application(s), if any.

(Vivek Singh Thakur), Judge.

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(Rakesh Kainthla), Judge.

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5^th December, 2024 (Keshav)

Daulat Ram v. the State of Hp and Others