unsatisfactory in view of violation of the Jail Rules.
Heard.
"Parole/Furlough: Guidelines 2010" have been submitted in Court
by the learned ... said Guidelines states that only those
prisoners/convicts would not be eligible for being released on parole, who
have been found to be instigating serious
petitioner resides there
during the period of parole.
6. Learned ASC for State points out that the parole application of
the petitioner was rejected ... March, 2017 for the following reasons:
"1) Para 12.5 of Parole/Furlough Guidelines: 2010
which provides that "Parole would ordinarily be not
granted
read with Section 482
Code of Criminal Procedure, 1973 to grant him parole for a period of
four weeks on the ground that his father ... release on parole was
rejected by the competent authority vide order dated 21.07.2017, for
the reason that para 11.5 of parole/Furlough Guidelines, 2010 provides
Political Parties and Candidates it is contended
that before grant of custody parole, the Election Commission ought to have
been consulted.
3. Learned Senior Counsel ... convict being entitled to avail custody parole
and secondly, the Guidelines for Parole/Furlough, 2010 itself do not
contemplate that respondent
Prisons (Bombay Furlough and Parole) Rules, 1959
(hereinafter referred to as 'the Rules') when the period of
furlough granted comes ... duly considered the period of maximum permissible
limit of furlough and parole as a guideline, we make it clear that for
every offence there
convicts not returning to furlough or
parole have been laid down. In the said circular, the maximum
permissible period of furlough 14 + 14 = 28 days ... days was
considered as a guideline even though the extension of
furlough/parole might not have been granted to the convict. It is held
that
inasmuch as the
petitioner filed the application to release him on emergency parole,
prior to the issuance of aforesaid Notification on 4/6/2016 ... policy/guidelines/rules in
force on the date of filing the application would govern the
adjudication of application for parole or furlough as the case
mens
rea can be assumed. Therefore, the
State of Maharashtra has issued
guidelines by letter dt. 29.06.2013.
The Government has taken a wise
decision ... period permissible to be enjoyed by a
convict either as a furlough or parole
::: Uploaded on - 13/10/2017 ::: Downloaded on - 14/10/2017
taken up this issue in a
couple of instances. The Commission
formulated guidelines for release because
various representations were made to the
Commission ... petitioner has always returned
on time whenever he was released on parole or
furlough, and has been a law abiding citizen.
The authorities should have
benefit
of the Government Resolution, dated 15.03.2010 that lays down the
guidelines for the premature release of the prisoners.
::: Uploaded on - 27/09/2017 ::: Downloaded ... judgment dated 15.12.2001. According to the
petitioner, she has not availed furlough or parole leave from the
date of the judgment by which
