State of Bihar has framed Parole Rules 1973. Under the
Prisoners
(Parole) Parole Rules 1973 a District Parole Board has been constituted in
Rules ... during prison period has been found good. Sub-Rule
(2)to sub-Rule (7) of Rule 5 prescribe the conditions and the
procedures required
parole in
terms of Rule 18 (ii) of the Rules of 1958. To the contrary, Rule 20
of the Rules of 1958 mandates that ... third parole after
availing the first parole peacefully and thus, the question of his
entitlement for release on permanent parole in terms of Rule
dated 16.04.2018.
8. The deleted Rule 25 of the 1959 Rules pertaining to
extension of the period of parole (deleted on 16.04.2018), reads
thus ... Rule 24A read with Rule
27(2) and the first sentence under Rule 19(1)(C)(i) of
the Maharashtra Prisons (Mumbai Furlough and Parole
Parole
(Amendment) Rules, 2020 thereby amending sub-Rule (1) of Rule
19 of the Maharashtra Prisons (Mumbai Furlough and Parole)
6/20
cri.wpst. 3206 ... Rules, 1959. The following Clause was added after Clause (B) in
sub-Rule (1) of Rule 19 of the said Rules
Rules, 1959 (for short "the 1959
Rules"), effected vide Government Notification dated 8 May 2020. By
this amendment sub-rule (C) of Rule ... rule (C) and its proviso as inserted in Rule 19(1) of
the 1959 Rules. We may at the outset note that the parole
Parole) (Amendment) Rules,
2020.
2. In sub-rule -(1) of rule 19 of the Maharashtra
Prisons (Mumbai Furlough and Parole) Rules, 1959, after
clause ... parts viz. emergency parole and regular parole. The notifcation
dated 8.5.2020 shows that the parole is treated as emergency
parole. If we compare the notifcation
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
Clause (ii) of Clause
(C) of Sub Rule 1, Rule 19 of the Maharashtra Prisons Rules, 1959,
in so far as it makes the provisions ... Rule 1 of Rule 19 of the
Maharashtra Prisons Rules, 1959. Clause (C) to Sub Rule 1 of Rule
19 of the Mah. Prison Rules
26th FEBRUARY, 2020.
ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)
1] Rule. Rule made returnable forthwith. Heard finally
forthwith by consent of the learned counsel ... Prisons (Furlough and Parole) Rules,
1959, said Rule 4 would be relevant for deciding also the parole
application. But, at the same time, it cannot
valid ground of denial of parole/permanent parole to a
convict.
The Rule clearly indicates that the term "consideration for
release of a prisoner ... considered for release on permanent parole. Thus, the criteria for
grant of permanent parole is clearly defined in the Rule itself.
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