Case Note & Summary
The petitioner, Shoyab Mehtab Ali, was convicted under Sections 302 and 397 of the Indian Penal Code and sentenced to life imprisonment. He had been in jail since 30.06.2013. He applied for regular parole under Rule 19(3) of the Maharashtra Prison (Parole and Furlough) Rules on the ground of his father's serious illness, supported by a medical certificate. The Divisional Commissioner, Amravati, rejected his application on 14.07.2020 citing an adverse police report and the petitioner's failure to complete 10 years of imprisonment, thus not meeting the eligibility criteria under Rule 2(4) of the Rules. The petitioner challenged this order before the High Court. The State resisted the petition, arguing that the petitioner was ineligible as he had not completed 10 years of actual imprisonment. The court examined the eligibility criteria and noted that the petitioner had been in jail since 30.06.2013, and including the period of set off and remission, he had undergone sentence for over 10 years. The court held that the requirement of completing 10 years must be liberally construed and that the period of set off and remission should be counted. Regarding the adverse police report, the court observed that it cannot be the sole ground to reject parole, especially when the petitioner seeks parole for a humanitarian cause. The court allowed the petition, set aside the impugned order, and directed the respondents to release the petitioner on regular parole for a period of 30 days, subject to conditions including furnishing a personal bond of Rs. 25,000 with one surety, reporting to the police station, and not leaving the jurisdiction without permission.
Headnote
A) Parole - Eligibility - Liberal Construction - Rule 19(3) of Maharashtra Prison (Parole and Furlough) Rules - The court held that the requirement of completing 10 years of imprisonment under Rule 2(4) must be liberally construed, and the period of set off and remission should be included. The petitioner had undergone actual imprisonment of over 10 years including set off and remission, thus eligible for parole. (Paras 2-5) B) Parole - Adverse Police Report - Weight - Rule 19(3) of Maharashtra Prison (Parole and Furlough) Rules - The court held that an adverse police report cannot be the sole ground to reject parole, especially when the petitioner seeks parole for a humanitarian cause like his father's serious illness. The authority must consider the purpose of parole and the circumstances of the case. (Paras 4-6) C) Parole - Humanitarian Ground - Father's Illness - Rule 19(3) of Maharashtra Prison (Parole and Furlough) Rules - The court allowed parole for 30 days on the ground of the petitioner's father's serious illness, subject to conditions including furnishing a personal bond and surety, and reporting to the police station. (Paras 6-7)
Issue of Consideration
Whether the petitioner, a life convict, is entitled to regular parole on the ground of his father's serious illness despite an adverse police report and the contention that he has not completed the requisite period of imprisonment.
Final Decision
The court allowed the petition, set aside the order dated 14.07.2020, and directed the respondents to release the petitioner on regular parole for a period of 30 days on his furnishing a personal bond of Rs. 25,000 with one surety, subject to conditions including reporting to the police station and not leaving the jurisdiction without permission.
Law Points
- Parole eligibility
- Liberal construction of parole rules
- Adverse police report
- Completion of minimum sentence
- Rule 19(3) Maharashtra Prison (Parole and Furlough) Rules
- Rule 2(4) Maharashtra Prison (Parole and Furlough) Rules
