Section 15 in The M.P. Prisoner's Leave Rules, 1989
15. Authority competent to sanction emergency leave.
- [(a) The District Magistrate shall be the Competent Authority for the sanctioning of the emergency leave. But in cases of prisoners who have availed themselves of general leave sanctioned by Inspector General of Prisons previously. Inspector General of Prisons, shall be Competent Authority to sanction emergency leave.] [[Substituted by Notification F. No. 3-5-2009-III-Jail-335, dated 5-2-2009. Prior to substitution it was as under;-'(a) The District Magistrate shall be competent to grant emergency leave Hut if a prisoner has availed of leave previously the Superintendent shall be competent to grant emergency leave. The Warrant/Order for Emergency Leave shall be in Form 'C'.']](b)Period of emergency leave. - The period of emergency leave shall not exceed 15 days in case of death and 10 days in case of marriage, excluding the time required for journey on release, the prisoners shall be granted release certificate in the manner laid down in clause (d) of Rule 10 of these rules.(c)Eligibility for emergency release. - Prisoners who are eligible for release on leave should ordinarily be considered as eligible for emergency leave.(d)Petition/application for emergency leave. - Application for emergency leave shall be addressed to the Superintendent of Jail where the prisoner is confined either by the prisoner or by his relative. Each application shall be accompanied by certificate of correctness of the ground stated in the application for emergency leave from local Tahsildar and a statement of names of two sureties with the certificates from a Tahsildar regarding solvency of the sureties. The amount of surety shall be fixed by the authority competent to sanction emergency leave.(e)Execution of bonds. - A surety bond and a personal recognizance in Form 'D' and 'E' shall be executed before emergency leave. In cases where exemptions are granted from furnishing sureties, the prisoner shall be released on his own recognizance bond. The surety bond shall be executed before a Tahsildar who may send the same to the Superintendent duly attested and affixing his office seal. The personal recognizance bond shall be executed before the Superintendent.(f)Travelling expenses. - The to and from travelling expenses of a prisoner in an emergency leave, who is unable to meet his expenses and who has no money to his credit in the prison on any account shall be met by the Government for the purpose of this rule. Any money earned by way of gratuity or wages in the jail shall be taken as money to his credit.(g)Pending cases. - No prisoner who has another case pending on trial shall be granted emergency leave.(h)Time for release on emergency leave. - Release on emergency leave shall be effected any day after sunrise and before lock-up. The rule preventing the release of prisoners on Sundays and other holidays does not apply to the release on emergency leave.(i)Power to recall. - The Superintendent can recall a prisoner as soon as he receives a report that the prisoner misbehaves. For this purpose, the Superintendent shall address the police who shall take immediate action in the matter and produce the prisoner.(j)If a prisoner released on emergency leave docs not return to the prison on the due date or surrenders late or violates any of the conditions he shall be dealt with as per provisions contained in foregoing Rules 11 and 12.
