Case Note & Summary
The petitioner, Arun s/o Gulab Gawli, a convict undergoing life imprisonment for offences under Sections 302, 120-B of the Indian Penal Code read with Sections 3(1)(i), 3(i)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act (MCOCA), sought parole on the ground of serious illness of his spouse. He was lodged in Nagpur Central Jail. The Divisional Commissioner, Nagpur, rejected his parole application by order dated 22.01.2020, citing the petitioner's background as a gang leader with fearsome influence, apprehending breach of public peace and danger to his life, and noting that alternate family support existed for his wife. The petitioner challenged this order before the Bombay High Court, Nagpur Bench. The court considered the submissions of the petitioner's counsel, Shri R.M. Daga, and the Additional Public Prosecutor, Shri A.D. Sonak. The court observed that the authorities had not disputed the petitioner's eligibility on merits. The court held that parole is a right of a prisoner, subject to conditions, and that mere apprehension of breach of peace cannot justify denial when the ground is serious illness of a spouse. The court directed the petitioner to be released on parole for a period of 30 days from the date of release, subject to stringent conditions including furnishing a personal bond of Rs. 25,000 with one surety, reporting daily to the nearest police station, not leaving the jurisdiction of the police station, and not committing any offence. The court also directed the authorities to consider extending the parole period if necessary. The petition was allowed in those terms.
Headnote
A) Prison Law - Parole - Compassionate Grounds - Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 - Parole granted to a convict under MCOCA for spouse's illness despite security concerns - Court held that parole is a right subject to conditions, and mere apprehension of breach of peace cannot override the need for humanitarian consideration - Authorities directed to impose stringent conditions to mitigate risks (Paras 5-7).
Issue of Consideration
Whether a convict undergoing life imprisonment under MCOCA can be granted parole on the ground of serious illness of his spouse, despite authorities' apprehension of breach of public peace and danger to his life.
Final Decision
The petition is allowed. The impugned order dated 22.01.2020 is quashed and set aside. The petitioner shall be released on parole for a period of 30 days from the date of his release, subject to conditions: (i) furnishing a personal bond of Rs. 25,000 with one surety; (ii) reporting daily to the nearest police station; (iii) not leaving the jurisdiction of the police station; (iv) not committing any offence; (v) any other condition deemed fit by the authorities. The authorities may consider extension if necessary.
Law Points
- Parole
- MCOCA
- Prisoners' Rights
- Compassionate Grounds
- Public Order
