38.6c New Delhi, India, Sunday, August 03, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
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

Himachal Pradesh: In a significant judgement, the Himachal Pradesh High Court pointed out why its 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 isnt 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 Panchayats recommendation letter was also noted. 
In the order, the High Court heavily relied on Supreme Courts 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 HC Grants Bail to Man Accused of Unnatural Acts with Cow [READ ORDER] Himachal HC Grants Bail to Man Accused of Unnatural Acts with Cow [READ ORDER]

Himachal Pradesh High Court grants bail to Jai Ram, accused of unnatural acts with a cow, citing no criminal history. Justice Anup Chitrakara presides.

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]

Himachal Pradesh High Court reaffirms that foreigners have no right to remain in India after their visa expires, stressing the need for valid visas.

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 Courts 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


TOP STORIES

sc-questions-justice-varma-over-failure-to-challenge-validity-of-in-house-inquiry-panel
Trending Judiciary
SC questions Justice Varma over failure to challenge validity of in-house inquiry panel

SC questions Justice Varma for not challenging in-house probe panel earlier despite cash haul case; asks why he joined inquiry if he found it flawed.

28 July, 2025 02:27 PM
timelines-for-governor-prez-to-clear-bills-kerala-asks-sc-to-return-presidential-reference-unanswered
Trending Executive
Timelines for Governor, Prez to clear Bills: Kerala asks SC to return presidential reference "unanswered"

Kerala urges SC to return Presidential reference on bill clearance timelines as “unmaintainable”, citing suppression of facts and settled SC rulings under Article 200.

28 July, 2025 02:38 PM
sc-refuses-to-stay-publication-of-draft-voters-list-in-bihar-on-aug-1
Trending Judiciary
SC refuses to stay publication of draft voters list in Bihar on Aug 1

SC declines stay on Bihar draft voter list; asks EC to consider Aadhaar, Voter ID for inclusion ahead of Assembly polls on August 1.

28 July, 2025 04:10 PM
why-so-many-students-dying-by-suicides-sc-asks-iit-kharagpur
Trending Judiciary
Why so many students dying by suicides, SC asks IIT Kharagpur

SC asks IIT Kharagpur why students are dying by suicide; raises concern amid rising campus deaths despite new mental health guidelines.

29 July, 2025 11:51 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email