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06. Learned Addl. Public Prosecutor appearing for the respondents has supported the impugned orders and urged that the petition be dismissed.

07. So far as the ground, that the police report is adverse to the petitioner, is concerned, same (Judgment) (5) Cri. W.P. No. 0304 of 2018 appears to be vague as no specific instances have been pointed out on behalf of the State. The subsequent ground, that the appeal preferred by the petitioner against his conviction and sentence is pending before this Court, is also untenable. As rightly submitted by the learned Advocate for the petitioner, filing of appeal against conviction and sentence is a statutory right of a convict. It has no nexus with grant or rejection of furlough leave. So also, decision of this Court in the case of Smt. Rubina Suleman Memon (supra) is not applicable to the case in hand because the convict in the said case was undergoing sentence for conviction under the provisions of the Terrorist and Destructive Activities Act, 1987, and rigors of the notification dated 23.02.2012, more particularly, Sub-Rule 13 of Rule 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959, were fully applicable to the petitioner therein. Such is not the case of the petitioner. The petitioner is not suffering punishment for any act under the provisions of TADA. The last ground, that there is no recommendation of Jail Superintendent, is also not tenable. The leave sanctioning authority can suo motu call remarks of recommendation or otherwise from the Jail Superintendent.

"26. The provisions of law clearly disclose that once a person is convicted and sentence is imposed by the Court, (Judgment) (7) Cri. W.P. No. 0304 of 2018 and such person is sent to jail as a prisoner the execution of the sentence imposed upon him is to be done by the appropriate Government in accordance with the rules framed in that regard. Once a person is in prison he would be governed by the Prisons Act, and the Rules framed thereunder. The Prison Rules clearly provide for grant of parole. It is for the Competent Authority or the Government to decide as to whether any Parole for any particular period is to be granted to the convicts undergoing imprisonment period and on the conditions as may be fixed. It is, therefore, clear that merely because a convict prefers an appeal before the Appellate Court, that would not divest the Government of its powers under the Prison Act to deal with the management of the convict by following the rules framed under the said Act.

27. From this, it is clear that the powers of the State to grant Parole are not fettered even if the appeal of the convict is pending before the Court. Thus, the Competent Authority or the Government would have the legal competence to entertain an application for parole by following the procedure set out under the Prison Rules to meet the contingencies stated therein. The exercise of such power would not be in any way be in conflict with the powers exercised under section 389 and/or Section 432 of the Code of Criminal Procedure. It is also evident that the amendments carried out in this scheme of Rules 19 and 25 in the year 1989 have provided for adequate safeguards so as to ensure that the benefit of parole leave is not misused or abused so as to defeat or nullify the Courts order passed under Section 389 of the Code of Criminal Procedure as was noticed in Jayant Veerappa Shetty Vs. State of Maharashtra [1986(1) Bom.C.R.311 = 1986 Cri.L.J. 1298]. "