tranquility,
within the meaning of sub-rule (4) of Rule 4 of the
Prisons (Bombay Furlough and Parole) Rules, 1959
("Rules ... reasons available under Sub Rule 4
and 6 of Rule 4 of the Prisons [Bombay Furlough
and Parole] Rules
changes nature, preamble and intention of Rule.
The added sub-rule (2)(a) of Rule 19 of the Rules
of 1959, is arbitrary and ultra ... Maharashtra. Sub rule (2)- a of
Rule 19 of the amended Rules of 1959 reads as
under:
(2) Regular Parole- All the prisoners
eligible
PRONOUNCED ON: 19th JUNE, 2021
---------
JUDGMENT (Per N.J.Jamadar,J.)
. Rule. Rule made returnable forthwith and with the
consent of the counsel ... applications for parole, there was no impediment
in releasing the petitioners-convicts on emergency parole by
invoking the provisions contained in Rule
pronounced on : 16th September 2021.
JUDGMENT : (PER N.J. JAMADAR)
1. Rule. Rule made returnable forthwith and with the consent of
the learned counsels ... furlough by invoking Rule 4(4) of Prisons (Bombay Furlough and
Parole) Rules, 1959 ('Rules, 1959').
3. The background facts leading to this
Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959
('the Rules, 1959'). Sub-rule (4) of Rule 4 reads as under ... furlough leave. Rule 4 of the Prisons (Bombay
Furlough and Parole) Rules, 1959 clearly denotes
contingencies in which furlough leave of the prisoner
prison authorities by them citing
amended Rule 4 Sub rule (11) of the Bombay
(Furlough and Parole) Rules, 1959 vide
Notification dated 26th August ... relying upon
Rule 4(11) of the Prisons (Bombay Furlough and
Parole) Rules, 1959, amended as per the
Notification dated 26th August, 2016. Learned
counsel
Prisons (Bombay Furlough and
Parole) Rules, 1959 which forms the basis of rejection of the Petitioner's
application reads thus :-
"4 Eligibility ... herein below Rule 1(A) of the said Rule.
lgc 11 of 16
cri.wp-841.21.odt
*[1(A). Objectives:-
Furlough and Parole leaves
convict.
Learned APP pressed into service Sub Rule 11 Rule 4 of the Prisons
(Bombay Furlough and Parole) Rules, 1959. It is submitted that
when ... Respondent by placing reliance on Rule 4 Sub Rule
11 of the Prisons (Bombay Furlough and Parole) Rules, 1959,
rejected the application of the convict
concerned authority has invoked Sub Rule 20 of Rule
4 of the Prisons (Bombay Furlough and Parole) Rules, 1959 (hereinafater
referred to as 'said ... reproduce herein below Rule 1(A) of the said
Rule.
*[1(A). Objectives:-
Furlough and Parole leaves to inmates are
progressive measures of correctional services
PRONOUNCED ON : 08th MARCH, 2021
JUDGMENT (PER MANISH PITALE, J.)
1. Rule. Rule made returnable forthwith. With the consent of
learned counsel appearing ... pandemic and the amendment in the
Prisons (Bombay Furlough and Parole) Rules, 1959, the petitioner
applied for grant of emergency Covid-19 parole. The application
