ORAL JUDGMENT ( Per Smt. Vibha Kankanwadi. J.)
1. Rule. Rule made returnable forthwith with the consent of
learned counsels for the parties, the petition ... Rule 17, 4 (6) of the Prisons (Bombay Furlough and Parole) Rules and
as per Rule 4 (B) 11 of Government Resolution dated
such
person.
II A State Government ordering a release on parole
under rule 1 shall forthwith report the full facts and
circumstances of the case ... such order as they deem fit.
III A person released on parole under rule 1 shall enter
into a bond undertaking to reside during
Release on
Parole Rules, 1958 (for short "the Rules of 1958"), cannot be a
ground for denial of regular parole to the convict ... emergent parole and after
availing the parole, he had surrendered well within time.
Learned Government advocate has opposed the grant of
parole on the grounds
covered by Rule 4(4)(10) of the Bombay (Furlough
and Parole) Rules, 1959. The submission is that the
petitioner was released on parole leave ... Rule 9 of the Rules.
5] It is not in dispute that after 26.10.2016, the
petitioner has neither availed nor released on parole and
furlough
Rule 4(2) of The Prisons
(Bombay Furlough and Parole) Rules, 1959 states that the
prisoners convicted of the offences under Section ... view of Rule 4(2) of The Prisons (Bombay Furlough
and Parole) Rules, 1959 read with Notification dated
26.8.2016, no fault can be found with
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
GIRATKAR, JJ.
th
Date : 11 JANUARY, 2018 .
JUDGMENT (P.C.)
Rule made returnable forthwith. Heard finally by
consent of the learned counsels appearing ... placed on
Rule 4(13) of the Prisons (Bombay Furlough and Parole)
Rules, and it is urged that the petitioner was convicted for the
offence
accordance with Rule 10-
A of the Rajasthan Prisoners (Release on Parole) Rules, 1958 (for
short 'the Rules ... Moreover,
there is no provision in Rule 10-A of the Rules of 1958 for grant of
emergent parole to a convict for appearing
parole.
It is not disputed that the convict-prisoner is otherwise
entitled for the parole under the Rajasthan Prisoners Release on
Parole Rules ... avail 20 days' first regular
parole as per provisions of the Rajasthan Prisoners Release on
Parole Rules of 1958, provided he furnishes a personal
first regular parole of 20 days and the same was
(2 of 3) [CRLW-382/2018]
considered by District Level Parole Committee, Udaipur ... regular parole to the
convict-prisoner is based on jejune ground, which is absolutely
alien to the Rajasthan Prisoners (Release on Parole) Rules
