RAJESH KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) Petitioner, by invoking the provisions of Article 226 of the Constitution of India, has approached this Court seeking direction to the respondents to release the petitioner on parole for 28 days and to direct the respondent to decide the parole application of the petitioner, which at the time of filing the petition, was pending for last more than 5 months.

(2.) Respondents have placed on record instructions dtd. 22/4/2024 alongwith documents including communication dtd. 18/4/2024, sent from Director General Prisons and Correctional Services, Himachal Pradesh to the Superintendent Jail, whereby rejection of the application of the petitioner in view of non recommendation of District Authorities, has been communicated during pendency of petition.

(3.) Petitioner is serving sentence imposed upon him in sequel to conviction by learned Special Judge, POCSO, Shimla vide judgment dtd. 17/3/2022 in Sessions Trial No. 61 -S/7 of 201 8/21 , case FIR No. 90 of 201 8, registered under Ss. 363, 366 and 376 of the Indian Penal Code and Sec. 4 of POCSO Act, in Police Station Chopal, District Shimla, H.P., whereby he has been convicted for 10 years rigorous imprisonment and to pay a fine of 27,000/- and in default of payment of fine to further undergo simple imprisonment of 1 year and 4 months.