CHANDER KUMAR SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner herein, who is a life convict and at present is undergoing sentence at Model Central Jail, Kanda, has approached this Court in the instant proceedings, filed under Article 226 of the Constitution of India, praying therein to quash and set aside the order dtd. 23/12/2025 (Annexure P-3), whereby prayer made on his behalf for release on parole for 28 days has been rejected.

(2.) For having bird's eye view, quintessential facts, as emerge from the pleadings as well as other material adduced on record by the respective parties, are that FIR No.77 of 2014, under Ss. 302, 364-A, 347, 201 and 506 IPC, was lodged against petitioner as well as other two co-accused namely Vikrant Bakshi and Tijender Pal Singh on account of their having allegedly kidnapped and murdered one child.

(3.) Learned Session Judge, Shimla, held all the accused guilty of their having committed offence punishable under Ss. 302, 364-A, 347, 201 and 506 IPC and accordingly awarded them death penalty. Subsequently, in the appeals filed by the accused, named hereinabove, death sentence awarded against two accused, i.e. Vikrant Bakshi and present bail petitioner, was modified to life imprisonment, whereas third accused namely Tijender Pal Singh was acquitted.