38.6c New Delhi, India, Saturday, May 18, 2024
Judiciary

“Must breathe fresh air”: Person convicted of heinous crime is not hardened criminal, Himachal Pradesh HC rules

By Rintu Mariam      26 December, 2023 07:05 PM      0 Comments
“Must breathe fresh air”: Person convicted of heinous crime is not hardened criminal, Himachal Pradesh HC rules

In a significant judgement, the Himachal Pradesh High Court pointed out why it’s important for even persons convicted of heinous offences to be released on bail. 
 

Highlighting this, the Court said there is no presumption that a person convicted of a serious or heinous crime is to be ipso facto treated as hardened criminal. Hardened criminal, the Court explained, would be a person who is in the habit to commit crime repeatedly. If person has committed a serious offence, for which he is convicted, but it is the only crime that he is committed, then he isn’t a hardened criminal.
 

It was stated that redemption and rehabilitation of such prisoners for good of societies must receive due weightage while they are undergoing sentence of imprisonment.
 

“It appears that the respondents have been completely oblivious that grant of parole whereby convict can be released from jail for short period has to be considered as an opportunity afforded to him not only to solve his personal and family problems but also to maintain his links with society. Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens.”
 

The petitioner moved the High Court seeking to be released on parole for 28 days. The petitioner relied on the Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act, 1968, and its rules. The respondents, opposing the plea, alleged discrepancies in the petitioner's documentation related to the date of a 'shradh ceremony'. Further, the absence of Gram Panchayat’s recommendation letter was also noted. 
In the order, the High Court heavily relied on Supreme Court’s recent decision in Asfaq vs. State of Rajasthan which ruled that parole cannot be denied merely on the basis of the heinous nature of offence. 
 

There are roughly 4 objectives that the State intends to achieve by punishing the culprit are: deterrence, prevention, retribution and reformation, the Court elucidated. 
 

Reformation, the Court said, provides justification for letting of even the life convicts for short periods, on parole. This works in two ways – one, to afford opportunities to such convicts to solve their personal and family problems. And, two, to maintain their links with the society. 
 

“Another objective which this theory underlines is that even such convicts have right to breathe fresh air, al beit for (sic 4 short) periods. These gestures on the part of the State, along with other measures, go a long way for redemption and rehabilitation of such prisoners. They are ultimately aimed for the good of the society and, therefore, are in public interest”, the Court underscored before allowing bail to the petitioner subject to conditions.



Share this article:



Leave a feedback about this
Related Posts
View All

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

Remaining in India after expiry of visa is offence, Himachal Pradesh HC reiterates while denying bail [Read Petition] Remaining in India after expiry of visa is offence, Himachal Pradesh HC reiterates while denying bail [Read Petition]

No foreigner has any right to enter or remain in India. One can enter only with a valid visa, which is a limited leave. Once, the visa expires, the person has no right to remain in the country, the Himachal Pradesh High Court reiterated recently.

“Must breathe fresh air”: Person convicted of heinous crime is not hardened criminal, Himachal Pradesh HC rules “Must breathe fresh air”: Person convicted of heinous crime is not hardened criminal, Himachal Pradesh HC rules

Why is it important to release even persons convicted of heinous offences on bail? Read this article to find out Himachal Pradesh High Court’s reasoning.

Supreme Court Stays Himachal Pradesh HC Order, Sanjay Kundu to Remain as State DGP Amid Businessman's Complaint [Read Order] Supreme Court Stays Himachal Pradesh HC Order, Sanjay Kundu to Remain as State DGP Amid Businessman's Complaint [Read Order]

The Supreme Court suspends Himachal Pradesh High Court's directive to remove Sanjay Kundu as DGP following a complaint by a Palampur businessman, ordering a stay on his transfer and directing the high court to reconsider within two weeks.

TRENDING NEWS

fundamental-right-to-health-includes-consumers-right-to-be-made-aware-of-quality-of-products-sc
Trending Judiciary
Fundamental right to health includes consumers' right to be made aware of quality of products: SC [Read Order]

Right to health includes consumers' right to know product quality. Advertisers must submit self-declarations for ads to ensure transparency and accountability: SC

17 May, 2024 01:43 PM
sc-asks-ed-to-file-response-to-sorens-plea-for-interim-on-may-20
Trending Judiciary
SC asks ED to file response to Soren's plea for interim on May 20

SC asks ED to file a response by May 20 to Hemant Soren's plea for interim bail during Lok Sabha elections, with a hearing scheduled for May 21.

17 May, 2024 06:12 PM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email