1 2025:HHC:2248-DB IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12076 of 2024 Date of Decision : 09.01.2025 Vinay Kumar …… Petitioner. Versus State of Himachal Pradesh and others ……Respondents. Coram: The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge The Hon’ble Mr. Justice Rakesh Kainthla, Judge Whether approved for reporting?1 No For the Petitioner : Ms. Shikha Chauhan, Legal Aid Counsel. For the Respondents : Mr. Raj Negi, Deputy Advocate General. Tarlok Singh Chauhan, Judge (oral) The petitioner has filed the instant petition for grant of the following substantive reliefs:- “i That the Civil Writ Petition of the petitioner may kindly be allowed and the impugned order dated 19.07.2024, Annexure P-1, thereby denying the parole to the petitioner, may kindly be quashed and set aside, being arbitrary, illegal, unjust and contrary to the settled law. ii. That this Hon’ble Court may kindly direct the respondents to release the petitioner on parole for six weeks in order to allow the petitioner to visit his home and meet his two children who are living alone after the death of their mother and 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 2025:HHC:2248-DB Grandmother, and are trying to make arrangements for their living.” 2. On 25.11.2024, learned Additional Advocate General had placed on record instructions, which go to indicate that it is the first application filed by the petitioner for parole and the only ground, on which, the request of the petitioner has been rejected is that the victim’s father Manohar Lal has raised objection to grant parole to the petitioner as he murdered his daughter, for which, he is undergoing imprisonment. 3. Admittedly, the petitioner and the father of the victim do not belong to the same village rather they belong to different Tehsils of District Kangra and the fact of the matter is that he has not availed any parole for the last seven years. As regards, the apprehension of the deceased’s father, the same can be taken care of by imposing stringent conditions. 4. In these facts and circumstances, we are persuaded to allow the present writ petition filed by the petitioner by setting aside the order dated 19.07.2024 (Annexure P-1). Consequently, the benefit of parole is ordered to be extended in favour of the petitioner for a period of 42 days, on his furnishing personal bond in the sum of Rs.1,00,000/- (one lakh) with two sureties in the sum of Rs. 50, 000/- each, to the satisfaction of the Superintendent of Jail, Lala Lajpat Rai, District and 3 2025:HHC:2248-DB Open Air Correctional Home, Dharamshala, District kangra, H.P subject to following conditions: (a) That petitioner shall not leave the terrain of his village i.e. Village Thanpuri, P.O. 53 Mile. Tehsil Nagrota Bagwan, District Kangra, H.P. (b) That he shall report every week to the member and vice President/President of the concerned Panchayat. (c) That petitioner shall not visit the village/Tehsil of deceased’s father. 5. The petitioner shall surrender before the Superintendent of Jail, Lala Lajpat Rai, District and Open Air Correctional Home, Dharamshala, District Kangra, H.P. immediately on expiry of 42 days of parole. However, the petitioner’s parole shall be liable to be cancelled in case he breaches any of the conditions of the parole order and/or creates law and order problems, which shall be treated as a negative factor for consideration of his similar prayers in the future. 6. The instant petition is disposed of in the aforesaid terms. Pending application(s), if any, also stands disposed of. ( Tarlok Singh Chauhan ) Judge ( Rakesh Kainthla) Judge 9th January, 2025. (ravinder/pathania)