Prisoners
Release on Parole Rules, 1958 (for short, 'Rules of 1958'), he may
be released on permanent parole. Petitioner has also craved ... decision
of the State Level Parole Committee cannot be sustained being
contrary to the philosophy behind parole and permanent parole.
That apart, in the considered
recommended grant of permanent parole.
Reliance is placed on Section 9 of the Rajasthan Prisoners
Release on Parole Rules, 1958, which reads as under ... case the
permanent release on parole is rejected, the
prisoner will be eligible for release on parole for
40 days every year subject
furlough.
5] Rule 4(2) of the Prisons (Bombay Furlough and Parole)
Rules, 1959 provides that if a prisoner is convicted for
offence under section
CRLW-349/2018]
of the Rajasthan Prisoners Release on Parole Rules, 1958. More
so, Ipsi dixit reason of adverse police report cannot be a ground ... refusing parole. It is well settled that parole is a device for
reformation of a criminal for his rehabilitation in society. The
object of parole
parole for 9 days, and surrendered before the
Jail Authority within time. Thereafter again,
he was released on regular parole for 90 days ... December, 2015, made
amendment in sub-rule [2] of Rule 4 of the
Maharashtra Prisons [Bombay Furlough &
Parole] Rules, 1959 [for short 'Rules
recommended grant of permanent parole.
Reliance is placed on Section 9 of the Rajasthan Prisoners
Release on Parole Rules, 1958, which reads as under ... case the
permanent release on parole is rejected, the
prisoner will be eligible for release on parole for
40 days every year subject
entitled for second parole for 30 days, as he
was granted first parole under the Rajasthan Prisoners Release on
Parole Rules, 1958 for 20 days ... refusing parole. It is well settled that parole is a device
for reformation of a criminal for his rehabilitation in society. The
object of parole
GIRATKAR, JJ.
DATE : 28.6.2018.
ORAL JUDGMENT (Per P.N.Deshmukh, J) :
1. Rule returnable forthwith. By consent of learned
Counsel for the parties, heard finally ... provisions of Rule 4(21) of the Prisons
(Bombay Furlough and Parole) Rules, 1959, which rule is re-
produced as under :
"4.Eligibility
Rule. Learned APP waive service of Rule on
behalf of the respondent-State.
2. This application is preferred through jail
seeking parole leave ... purview of
Rule 19 of the Prisons (Bombay Furlough &
Parole) Rules, 1959;.
5. In view of above, this application stands
rejected. Rule is discharged
SHAH
Date : 25/04/2018
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of the
respondent-State.
2. This application ... purview of the Rule 19 of the Prisons
(Bombay Furlough and Parole ) Rules, 1959.
In view of above, this application stands rejected. Rule is
discharged
