High CourtsDivision Bench(2024) 04 SHI CK 0059

Rajat Goswami vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 10 April 2024

HON’BLE JUDGES
Tarlok Singh Chauhan, J · Sushil Kukreja, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 2592 Of 2024

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Judgment

6 paragraphs · 179 words

@JUDGEMENTTAG- JUDGEMENT

Tarlok Singh Chauhan, J

1.

Petitioner has filed the instant petition for grant of parole. The respondents have placed on record instructions dated 10.04.2024, which go to indicate that the petitioner not only has been convicted for the offence under Section 21-22 of NDPS Act, vide judgment dated 30.11.2022 and sentenced to undergo rigorous imprisonment for 11 years and to pay a fine of Rs.1,50,000/-, but is also an under-trial in a murder case.

3.

Antecedents of a person claiming parole is an important factor, which is required to be kept in consideration by the Court. Even the fact that once the petitioner is an under-trial, that too, in a murder case, the chances of his influencing, threatening or dissuading the witnesses at the time of release on parole cannot be ruled out.

4.

In such circumstances, the District Magistrate, Kangra has rightly not recommended the case of the petitioner for grant of parole. Consequently, there is no merit in the present petition and the same is accordingly dismissed.

Pending application(s), if any, also stand disposed of.