Case Note & Summary
The petitioner, Mukesh s/o Ramshankar Shivhare, a convict serving rigorous imprisonment of five years in Central Prison, Nagpur, filed a Criminal Writ Petition seeking emergency parole under the amended Rule 19(1)(C) of the Prisons (Bombay Furlough and Parole) Rules, 1959. The amendment was introduced by notification dated 8th May 2020 in response to the COVID-19 epidemic declared under the Epidemic Diseases Act, 1897. The rule classifies convicts into two categories: those with maximum punishment of 7 years or less, whose applications for emergency parole are to be favorably considered by the Superintendent of Prison for 45 days (extendable in blocks of 30 days), and those with sentence above 7 years, whose applications are to be appropriately considered subject to timely return on last two releases. The petitioner, with a 5-year sentence, falls in the first category. The respondent State did not dispute the facts. The court held that the petitioner's application must be favorably considered and directed the Superintendent of Prison, Central Prison, Nagpur, to release the petitioner on emergency parole for 45 days, subject to conditions including reporting to the concerned police station once every 30 days. The petition was allowed.
Headnote
A) Prison Law - Emergency Parole - Epidemic - Rule 19(1)(C) of Prisons (Bombay Furlough and Parole) Rules, 1959 - The amendment introduced clause (C) to Rule 19(1) on 8th May 2020, providing for emergency parole during an epidemic declared under the Epidemic Diseases Act, 1897. For convicts with maximum punishment of 7 years or less, release on emergency parole for 45 days (extendable) is to be favorably considered by the Superintendent of Prison upon application. For convicts with sentence above 7 years, release is to be appropriately considered if the convict returned to prison on time on last two releases. The court held that the petitioner, sentenced to 5 years, falls in the first category and his application must be favorably considered. (Paras 4-6)
Issue of Consideration
Whether the petitioner, a convict sentenced to five years' rigorous imprisonment, is entitled to be considered for emergency parole under the amended Rule 19(1)(C) of the Prisons (Bombay Furlough and Parole) Rules, 1959, during the COVID-19 epidemic.
Final Decision
The petition is allowed. The Superintendent of Prison, Central Prison, Nagpur, is directed to release the petitioner on emergency parole for a period of 45 days, subject to the condition that the petitioner reports to the concerned police station once every 30 days.
Law Points
- Emergency parole
- Epidemic Diseases Act
- 1897
- Prisons (Bombay Furlough and Parole) Rules
- 1959
- Rule 19(1)(C)
- COVID-19
- Convict's right to be considered for parole
