Rule 19 (1)(C) of the Maharashtra Prisons
(Mumbai Furlough and Parole) Rules, 1959 (hereinafter referred to
as "1959 Rules"), are based ... Ramanand, I.P.S. dated 10-05-2020, the emergency parole rule was
made applicable even to the undertrials, as a measure for
containment
reading of Rule 4(4) of the Prisoners
(Bombay Furlough and Parole) Rules 1959, it indicates that release can be
refused when the same ... Rule 2(b) of the Maharashtra Open Prisons Rules, 1971. The
Court went on to hold that the twin requirements flowing from Rule
interpretation of Rule 4(10) of the Prisons (Bombay Furlough & Parole) Rules, 1959. The Court has considered whether the word `shall' as used ... principle behind Rule 4 of the Prisons (Bombay Furlough and Parol Rules, 1959 and further necessary guidelines as to how the matter
right or
entitlement of parole.
The Court considered that as per 'Rajasthan Prisoners' Release
on Parole Rules, 1958' a prisoner sentenced ... terms of Rule 10-A(i)
of the said Rules which reads as under:
"10-A. (i) Notwithstanding the provisions of Rules
release him on parole leave for a period of one month under the provisions of Prisons (Bombay Furlough & Parole) Rules. 1959 (hereinafter referred ... Government exercised power under Rule 18(1) of the Rules of 1959 for the release of the petitioner on parole. It was also stated that
custody on temporary release on parole, unless otherwise prescribed by the order granting parole, or by rules or instructions, has to be included ... automatically extended by any period of parole granted to the detenu unless the order of parole or rules or instructions specifically indicates as a term
therefore, he applied for emergency parole as well as
regular parole under the provisions of the Rules.
Respondent No.3 rejected the application ... clear from the wording of Sub Rule 1 of Rule
19, all convicted prisoners are eligible for emergency
parole for the reasons mentioned therein like
that the State Prison Rules, 2018 dealing with parole and furlough,
recognizes that regular parole under Rule 1208 can be granted to a
convict ... such ground.
9. As per Rule 1211 of Delhi Prison Rule, 2018, it clearly
mentions that parole in the circumstances mentioned in the said Rule
Rules 19 and Rule 20 of the said
Rules which are relevant for the present purpose are being quoted
herein below for benefit.
Rule ... parole for one year
after expiry of his last parole except in case of death of his nearest
relatives mentioned above."
Rule 20: Parole
pertinent to quote sub-Rules (13), (18) and (20) of Rule
4 of the Maharashtra Prisons (Mumbai Furlough and Parole)
Rules, which read as under ... kinds of paroles, namely, custody parole and
regular parole. However, as far the State of Maharashtra is
concerned, we have rules which provide for release
