DHARAM PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dtd. 6/10/2021 (Annexure P-2), whereby prayer made on behalf of the petitioner-convict (hereinafter referred to as the 'petitioner') for grant of parole came to be rejected, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for issuance of writ of certiorari to quash and set aside the aforesaid order dtd. 6/10/2021 and grant parole of 28 days.

(2.) For having bird's eye view, certain undisputed facts, which may be relevant for adjudication of the case at hand, are that FIR No.218 of 2014 dtd. 27/9/2014 was registered against the petitioner alongwith other persons at Police Station Nalagarh, District Solan for their having allegedly committed offences punishable under Sec. 302, 364 and 201 read with Sec. 34 of the Indian Penal Code (for short 'IPC'). Vide judgment dtd. 23/10/2019 passed by learned Additional Sessions Judge, Nalagarh, District Solan, in Sessions Trial No.16-NL/7 of 2015, petitioner came to be convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine to the tune of Rs. five thousand for his having committed offence punishable under Sec. 302 read with Sec. 34 IPC. Besides above, petitioner also came to be convicted and sentenced to undergo rigorous imprisonment for five years and to pay a fine to the tune of Rs. 3000/- for his having committed offence punishable under Sec. 364 read with Sec. 34 IPC.

(3.) Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence passed by Court below, petitioner-convict preferred an appeal bearing Criminal Appeal No.115 of 2020 before this Court, but the same is pending adjudication.