enable the State Government to frame rules regarding grant of release on
parole or furlough. Paragraph 14 of the decision of the Full Bench ... crwp-5689.18.docx
"28. The object of parole and furlough rules is to humanise
penal system and to enable the prisoner to maintain
continuity
that due to the spectacular achievements in modern communication system, a detenu, while on parole, can sit in a room, in a house or hotel
petitioners who have overstayed on the expiry of their furlough or parole period, and who have been punished by the competent authority for the same ... grant of furlough or parole, apart from any other punishment loss of privileges admissible under the remission or furlough system is also prescribed.
7. Rule
this Court had affirmed that granting parole is a component of
rehabilitative process. Denial of parole has to be supported by solid
reasons and mere ... justified. It
cannot be overemphasized that parole serves as a crucial tool in the
criminal justice system, aiming to facilitate the gradual reintegration of
prisoners
purpose for which the
concept of parole has been evolved in criminal jurisprudence
would stand frustrated.
5.1 Parole is not conceived merely ... 2026]
and provide opportunities for rehabilitation, including parole and
family visits.
6. The philosophy underlying parole is rooted in the reformative
theory of punishment which
relief of parole while nurturing
him for rehabilitation and reformation.
The step by step increase of liberties in the shape of parole
are to usher ... viewed seriously so as to enable
the system to grant more and more paroles to the inmates,
while strengthening the system of rehabilitation and
reformation
learned counsel that the
parole serves as an essential facet of the reformative criminal justice system,
enabling convicts to maintain familial ties, rebuild community connections ... that a convict may abscond during parole cannot
serve as a blanket ground for rejecting their applications for parole. A Division
Bench of this Court
specifically relying upon Rule 4 (10) of the Prisons (Bombay
Furlough and Parole) Rules, 1959, which has disentitled the prisoner
from availing furlough, in case ... evident from The Prisons (Bombay
Furlough and Parole) Rules, 1959, that the furlough system has
received recognition under the Prisons Act and in Bikhabhai Devshi
respondent No.3 while rejecting the
application filed by the petitioner for parole would not bring the case
within the ambit of Section ... unmention-
able vices that humanizing interludes of parole are part of
the compassionate constitutionalism of our system."
23. The basics being thus illuminated
Court that Parole and Furlough Rules are part of the
penal and prison reform with a view to humanize the
prison system. These rules enable ... Prisons Act read with Rules, it appears that
the Parole and Furlough system has been incorporated
with specific object as referred to hereinabove. However