HARBHAJAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing of the order rejecting the grant of parole (Annexure P-3). It has been asserted that learned Additional Sessions Judge, Sirmaur District Sirmaur at Nahan sentenced the petitioner to undergo imprisonment for life, pay a fine of Rs.10,000.00 and in default of payment of fine to further undergo imprisonment for six months in FIR No. 186/2013 dtd. 20/5/2013 registered at Police Station Paonta Sahib, District Sirmaur, H.P.

(2.) The petitioner has completed more than 9 years and 9 months inside the jail. He filed an application for parole. The remarks were called from the Local Administration, and the case was rejected after citing a reason that family members of the deceased had objected to the parole of the petitioner. The rejection deprives the petitioner of the opportunity to reform himself. The application was decided mechanically without any application of mind. The petitioner had availed parole on two occasions and surrendered within time without violation of the terms and conditions; therefore, it was prayed that the present petition be allowed and the parole of 42 days be granted to the petitioner.

(3.) The petition is opposed by filing the instructions dtd. 28/6/2025 stating that the petitioner Harbhajan Singh was convicted by learned Additional Sessions Judge, Sirmaur, District Sirmaur at Nahan for the commission of an offence punishable under Sec. 302 of IPC and was sentenced to undergo imprisonment for life, pay a fine of Rs.10,000.00 with default sentence. The petitioner has not deposited the fine till 16/6/2025.