Case Note & Summary
The petitioner, Sachin @ Anna Daniel Gabrel, a life convict for offences under Sections 302, 149, 148, and 143 of the Indian Penal Code, was undergoing imprisonment at Nagpur Central Prison. He was granted emergency parole on 14/07/2021 under Rule 19(1)(C) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959. During the subsistence of the parole, on 06/08/2021, an offence was registered against him at Jaripatka Police Station bearing Crime No. 64/2021. Consequently, Respondent No. 1 (State of Maharashtra) cancelled his emergency parole. The petitioner challenged this cancellation by filing a writ petition under Article 226 of the Constitution of India. The court issued notice on 04/04/2022, and Respondent No. 1 filed an affidavit. In paragraph 3 of the reply, the State stated that Rule 19 of the Rules had been substituted by a notification dated 10/02/2022, with amended provisions for emergency parole. The court observed that the impugned order of cancellation was passed prior to the substitution of Rule 19. The court held that the cancellation order was not sustainable and allowed the petition, setting aside the cancellation order. The court directed that the petitioner be released on emergency parole in accordance with the substituted Rule 19, subject to compliance with the amended provisions.
Headnote
A) Criminal Law - Emergency Parole - Cancellation - Rule 19(1)(C) of Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 - The petitioner, a life convict, was granted emergency parole but during its subsistence, an offence was registered against him. The State cancelled the parole. The court held that the cancellation order was not sustainable as the State's own affidavit stated that Rule 19 had been substituted by a notification dated 10/02/2022, and the impugned order was passed prior to that substitution. The court allowed the petition and set aside the cancellation order. (Paras 1-6)
Issue of Consideration
Whether the cancellation of emergency parole granted to the petitioner under Rule 19(1)(C) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 was valid and justified.
Final Decision
The court allowed the petition and set aside the order of cancellation of emergency parole. The court directed that the petitioner be released on emergency parole in accordance with the substituted Rule 19, subject to compliance with the amended provisions.
Law Points
- Emergency parole cancellation must be based on valid grounds
- mere registration of offence not sufficient
- Rule 19 of Maharashtra Prisons (Mumbai Furlough and Parole) Rules
- 1959
