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4. It is undisputed fact that such parole application is filed R/SCR.A/4421/2018 ORDER under the provisions of The Prisons (Bombay Furlough and Parole) Rules, 1959. It is also undisputed fact that such rules specifically provides for rules regulating grant of parole. Rules 18 to 28 under above rules are regarding the grant of parole, which provides that which authority/ies is competent to sanction parole, when a prisoner may be released on parole, parole is not to be counted as remission of sentence, conditions subject to which prisoners may be granted parole, extension of period of parole and procedural provision for filing an application for parole. Therefore, parole cannot be granted on any other grounds than the ground for which parole is permissible under such rules. Rule 19 provides for reasons of parole, confirming that there are two types of parole i.e. emergency parole and regular parole. In emergency parole, certain reasons are assigned for which prisoners may be released on parole considering such emergency on the ground of death, illness and marriage of particular relative/s as prescribed under such rules. But, such parole cannot be granted for more than seven days at a time and cannot be extended. Whereas,regular parole may be granted on completion of certain period of imprisonment, wherein Rule 19(2)(C) provides for parole when prisoner is sentenced to life and whose average sentence exceeds 14 years. However, under such rule also, there is no provision for allowing parole as prayed for by the petitioner, but sub- clause (iii) of above provision makes it clear that prisoner shall be eligible for maximum of 45 days of parole in a year, which can be extended upto 60 days once in three years, only under exceptional circumstances.

7. With due respect, there is no reason to rely upon such order, since it not based upon the statutory provision and by all means when substantive petition with reference to remission of the petitioners is pending, it cannot be said that till pendency of such petition, applicant is entitled to long parole because Rule 19(2)(C)(iii) makes it clear that prisoners are eligible for maximum of 45 days of parole in a year and it can be extended only upto 60 days once in three years, only under exceptional circumstances.

10. In view of above facts and circumstances, I do not see any reason to extend long parole beyond the provisions of the rules and hence, the present petition stands dismissed.

11. Rule is discharged.

(S.G. SHAH, J) VARSHA DESAI