Document Fragment View

Matching Fragments

3. While making his submissions, the learned Advocate for the applicant stated that he has already been granted emergency parole under Rule 19(1)(C) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 (hereinafter referred to as "the 1959 Rules"), on 23.09.2020 for a period of 45 days and the said period would expire on 08.11.2020. He, however, relies upon an order passed by this Court (Coram: T. V. Nalawade & Shrikant D. Kulkarni, JJ.) dated 30.06.2020 in Criminal Writ Petition No. 578 of 2020 filed by Dinesh s/o. Arjunsing Thakur Versus The State of Maharashtra and another, vide which it was held, that there is an automatic extension of parole leave beyond 45 days and the applicant is not required to make any application or seek permission or an order from the concerned Jail Superintendent for extention of his parole leave in blocks of 30 days, by virtue of the State notification dated 08.05.2020. He therefore submits, that though he has a right to prefer a Criminal Application for seeking suspension of sentence and enlargement on bail, the hearing on this application could be kept pending since the applicant/ appellant is already on emergency parole leave and has a right for APPLN4118.2019 [Nagnath v State] extension of 30 days until the notification dated 08.05.2020 is withdrawn or substituted by a new notification, whichever is later.

5. The learned Advocate for the applicant submits, that the view taken by a Coordinate Bench in Dinesh Thakur (supra) on 30.06.2020, was not cited before this Court when the order dated 07.08.2020 in Sonu Shrinath (supra) was passed.

6. The learned Amicus Curiae refers to Rules 22, 23, 24, 24-A, 26 & 27 of the 1959 Rules. He submits that, though Rule 25 as APPLN4118.2019 [Nagnath v State] regards extension of the period of parole leave has been deleted, the second proviso to Rule 24-A of the 1959 Rules will indicate that if the convict does not surrender on the due date i.e. the last date of the period of emergency parole leave, the amount of deposit would be forfeited and a case under Section 224 of the Indian Penal Code (hereinafter referred to as the "IPC") would be registered against him. A specific declaration is also to be given by the prisoner that if he does not report to the prison and fails to fulfill any condition imposed upon him, he can be prosecuted under Section 224 of the IPC. He, therefore, submits that this clearly indicates that a convict has to report back to the prison within the period of emergency parole leave and if he desires an extension, he would have to apply for such extension. He, therefore, submits, with respect to the order passed in Dinesh Thakur (supra), that an application for extension of parole leave will have to be made.

APPLN4118.2019 [Nagnath v State]

24. Considering the mandate of the second proviso and the undertaking below Rule 24-A, notwithstanding the deletion of Rule 25, we are of the view that, a prisoner who avails of emergency parole leave by moving an application under Rule 19(1)(C) of the 1959 Rules, will have to move a formal application, for expressing his desire to have extension of his emergency parole leave and such application will have to be filed before the expiry of his emergency parole leave granted under Rule 19(1)(C) of the 1959 Rules. We are, therefore, formulating the following issue and referring the same to The Hon'ble The Chief Justice of the Bombay High Court under Chapter-I Rule 8 of the Bombay High Court Appellate Side Rules, 1960: -

25. Insofar as the grievance of the applicant before us in Criminal Application No. 4118 of 2019 is concerned and keeping in APPLN4118.2019 [Nagnath v State] view that he is presently on emergency parole leave, we deem it approriate to direct the applicant to move an application for extension of emergency parole leave prior to 08.11.2020 and the concerned Jail Superintendent would grant an extension of 30 days upto 07.12.2020, keeping in view the pendency of the present application in which the applicant seeks suspension of sentence and enlargement on bail.