ASHOK KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition to set aside the order dtd. 31/1/2025 and to release the petitioner on parole for 45 days.

(2.) It has been asserted that the petitioner was sentenced to undergo life imprisonment for the commission of an offence punishable under Sec. 302 of the Indian Penal Code (IPC) by the learned Additional Sessions Judge, Sarkaghat, District Mandi, H.P. The petitioner filed an application for parole on the ground that he wanted to meet his parents and children, however, the prayer was rejected vide order dtd. 31/1/2025 (Annexure P-2). There is no one to take for the petitioner's elderly parents. The petitioner also wants to meet his children, who are growing up without the care and affection of their father. The parole cannot be rejected on the grounds of the nature of the crime. Therefore, it was prayed that the present petition be allowed, the order rejecting the parole be set aside, and the petitioner be released on parole.

(3.) The petition is opposed by filing a reply asserting that the petitioner was convicted by learned Additional Sessions, Sarkaghat, District Mandi, H.P., for the commission of an offence punishable under Sec. 302 of IPC and was sentenced to undergo rigorous imprisonment for life. The petitioner has undergone the substantive imprisonment of six years, five months and seventeen days as on 30/4/2025. He applied for parole on August 31, 2024, for a period of 28 days. The reports of the District Magistrate and Superintendent of Police, Mandi were called. District Magistrate, Mandi stated that the presence of the petitioner is likely to endanger the security of the State and the maintenance of public order. Petitioner has murdered his wife. The application for parole was rejected based on the reports of the District Authorities. Hence, it was prayed that the present petition be dismissed.