RAM VILAS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition, seeking a direction to the respondents to release him on parole for a period of 28 days, subject to the terms and conditions which the Court may impose. It has been asserted that the petitioner was sentenced to undergo imprisonment for 20 years, pay a fine of Rs.5,000.00 and in default of payment of fine to undergo imprisonment for two years for the commission of an offence punishable under Sec. 4 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act') by learned Special Judge (Sessions) Fast-Track Special Court, District Kangra at Dharamshala. The petitioner has completed more than 2 years, 7 months, and 22 days in jail. The petitioner applied for parole for agricultural purposes. The application was not decided by the respondents; hence, the present petition.

(2.) The petition is opposed by filing a reply. It was asserted that the petitioner was sentenced to undergo simple imprisonment for two years and to pay a fine of Rs.2,000.00 with default sentence for the commission of an offence punishable under Sec. 363 of Indian Penal Code (IPC) and rigorous imprisonment for twenty years and to pay a fine of Rs.5,000.00 with default sentence for the commission of an offence punishable under Sec. 4 of the POCSO Act. The petitioner has not deposited the fine amount. He was serving imprisonment at Lala Lajpat Rai, District and Open-Air Correctional Home, Dharamshala and had undergone an actual sentence of 2 years, 9 months and 11 days as on 20/3/2025, excluding remission. His conduct in jail was found to be satisfactory.

(3.) A rejoinder denying the contents of the reply and affirming those of the petition was filed. It was asserted that the authorities rejected the application for parole on the ground that the victim's family members objected to the parole of the petitioner.