LAWS(HPH)-2024-4-31

RAJAT GOSWAMI Vs. STATE OF HIMACHAL PRADESH

Decided On April 10, 2024
RAJAT GOSWAMI Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Petitioner has filed the instant petition for grant of parole. The respondents have placed on record instructions dtd. 10/4/2024, which go to indicate that the petitioner not only has been convicted for the offence under Sec. 21-22 of NDPS Act, vide judgment dtd. 30/11/2022 and sentenced to undergo rigorous imprisonment for 11 years and to pay a fine of Rs.1,50,000.00, but is also an under-trial in a murder case.

(2.) Antecedents of a person claiming parole is an important factor, which is required to be kept in consideration by the Court. Even the fact that once the petitioner is an under-trial, that too, in a murder case, the chances of his influencing, threatening or dissuading the witnesses at the time of release on parole cannot be ruled out.

(3.) In such circumstances, the District Magistrate, Kangra has rightly not recommended the case of the petitioner for grant of parole. Consequently, there is no merit in the present petition and the same is accordingly dismissed. Pending application(s), if any, also stand disposed of.