Government of then Bombay framed the Prison Rules. Rules 18 to 28 which deal with parole are as under :
18. Authorities competent to sanction parole ... 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
trial court. They have been denied parole under the Rajasthan Release of Prisoners on Parole Rules, 1958 (hereinafter referred to as "Parole Rules ... Rules' to
consider whether the petitioners are entitled and the eligible in terms
of 'the Rules' for grant of parole
mentioned in Rule 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959. It is, therefore, contended that petitioner be released on furlough leave ... contingencies mentioned in Rule 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959. In Rule 4, circumstances are enumerated when competent Authority can refuse
convict can be released either on parole or furlough by the concerned authority under Parole & Furlough Rules after addition of section ... convict on parole undergoing sentence, whose appeal is pending before the Court?
29. The Parole can be granted to a convict under Rule
Rule 4, referred to as the
principle Rule reads thus:-
"2. In rule 4 of the Prisons (Bombay Furlough and Parole)
Rules, 1959 after ... that Clause 26.4 is similar to
sub-rule 13 of Rule 4 of Bombay Parole and Furlough Rules.
Mr. Thakur pointed out that the Delhi
Parole)
Rules, 1959 [for short, "the Rules of 1959"]. Vide paragraph
22(b) of the said Notification, Rule-27 of the Rules ... exception to this amended provision of Sub-rule (2) of
Rule 27 of the Rules of 1959.
6. The challenge to the Circular dated
given the
benefit of the permanent parole under the Rajasthan Prisons
(Release on Parole) Rules, 1958. Both the prisoners,
Dhanraj and Phoolchand, have sent ... benefit of permanent parole to the petitioners.
Consequently, Dhanraj preferred two separate parole writ
petitions, viz. D.B. Parole Writ Petition No. 4633/2012
rule (1) of Rule 19 of the said Rules,
prescribe the provision about Emergency parole whereas sub-rule (2)
of Rule 19 of the said ... minor and
human trafficking."
41. Rule 19 sub-rule (1) of the said Rules contemplates
emergency parole and sub-rule (2) speaks about regular
recommends grant of parole and whether there is likelihood of breach of peace if the prisoner is released on parole. Rule 22(2) reads ... Prison Rule 19 read with Sub-rule (2) of Rule 22, it is clear that power to release a prisoner on parole is discretionary
ruled out at all as we shall presently see Rule 28 of the rules reads as under:
28. Application of certain rules to parole cases ... clear that when Rule 24 is read with Rule 26, the provisions of Rule 10 also automatically get attracted to parole cases
