Allowed

Hem Raj v. State of Hp and Others

Himachal Pradesh HC17 May 2024CWP/3366/2024

Case brief

AI extract

What is this about?

This Court allowed a writ petition for parole. The Court directed the respondents to release the petitioner on parole for 42 days after the Model Code of Conduct lifts, subject to a bond and sureties.

What did the court decide?

Directing the respondents to release the petitioner on parole for 42 days after removal/lifting of the Model Code of Conduct, subject to a personal bond of Rs. 1,00,000/- with two local sureties of li

Hem Raj Vs State of Hp and Others — Pension and Retirement Benefits | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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CWP No. 3366 of 2024 Decided on: 17.05.2024 Hem Raj …Petitioner Versus State of H. P. & Ors. …Respondents Coram: Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. Hon’ble Mr. Justice Sushil Kukreja, Judge.

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Whether approved for reporting?¹^No.

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For the Petitioner : Mr. Hemant Thakur Advocate.

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For the Respondents : Mr. Anup Rattan, A.G. with Vishvdeep Sharma, Addl. A.G.

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Tarlok Singh Chauhan, Judge (Oral)

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On 03.04.2024, the Court passed the following

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order:-

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“CWP No.3366/2024

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Notice. Mr. Manoj Chauhan, learned Additional Advocate General, appears, waives and accepts service of notice on behalf of all the respondents/ State. Instructions, as prayed, be obtained on or before the next date of hearing.

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List on 17.05.2024. In the meanwhile, the respondents are also directed to decide representation of the petitioner dated 21.02.2024, if not already decided.

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CMP No.5455/2024

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Allowed and applicant/petitioner is exempted from filing English translation of Annexure(s) P-4 and P-5, annexed with the accompanying petition, at this stage, subject to

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Whether reporters of the local papers may be allowed to see the judgment? yes

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filing of the same within seven days, as and when directed to do so.

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The application stands disposed of.”

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In compliance to the aforesaid order, the

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respondents have placed on record communication dated 16.05.2024, the relevant portion whereof reads as under:-

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“In this regard, it is submitted that in compliance of order dated 03.05.2024, the parole case of the petitioner/convict i.e., Hem Raj, s/o Sh. Devi Singh, presently undergoing imprisonment in U/S 20, 25 & 29 of NDPS Act, 1985 at District-cum-Open Air Jail, Chamba, District Chamba (H.P.) has been decided by the competent Authority. Considering the Election Commission’s guidelines, 42 days of parole has been sanctioned in favour of the petitioner. However, the petitioner avail said parole after the removal/lifting of the Model Code of Conduct. A copy of the parole sanction letter dated 16.05.2024 issued by the Director General of Prison & Correctional Services, alongwith the guidelines issued by the Election Commission of India is annexed herewith as “Annexure A&B” for the kind perusal of the Hon’ble Court.”

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Since the respondents have sanctioned the parole as aforesaid, the petition is allowed and the respondents are directed to release the petitioner on parole for a period of 42 days after removal/lifting of the Model Code of Conduct, subject to his furnishing personal bond of Rs. 1,00,000/- with two local sureties of the like amount, to the satisfaction of the

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Superintendent, District-cum-Open Air Jail, Chamba at Rajpura, H.P.

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The petition stands disposed of in the aforesaid terms, so also pending applications, if any.

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(Tarlok Singh Chauhan) Judge

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(Sushil Kukreja)

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17^th May, 2024 Judge (sanjeev)

Hem Raj v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Hem Raj v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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