ARUN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The request made by the petitioner for releasing him on parole has been turned down by the respondents, constraining him to file the instant petition for the grant of following substantive reliefs:-

(2.) The respondents have opposed the petition by filing reply wherein it has been submitted that the petitioner has been convicted for offence punishable under Section 302 IPC by the learned Additional Sessions Judge-1, Kangra at Dharamshala, H.P. on 02.12.2017 and sentenced to life imprisonment with fine of Rs.10,000/-(Rupees Ten Thousand) only and due to the non-recommendation of the District Magistrate, the parole case of the petitioner/convict cannot be considered as the recommendation of the District Magistrate is mandatory as per the Section 6 of the Act, which specifically provides that convict is entitled to be released on parole upto the satisfaction of the competent authorities and that the local public and local police have raised objection for released of the petitioner/convict on parole.

(3.) Now the moot question is whether the request for grant of parole can be rejected only on the ground that the petitioner has been convicted for a serious and heinous offence.