Case Note & Summary
The petitioner, Gajanan S/o Babulal Battulwar, a convict serving life imprisonment for an offence under Section 302 of the Indian Penal Code, filed a criminal writ petition before the Bombay High Court, Nagpur Bench, seeking directions to release him on emergency parole for 45 days. He had submitted an application to the concerned authority praying for grant of emergency parole as per the amended Rule 19(1)(C)(ii) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959. At the time of filing the petition, his application had not been decided. During the hearing, the learned APP pointed out that the application was rejected by order dated 6th July 2020. The petitioner contended that he had undergone angioplasty and, due to the COVID-19 pandemic, it was not advisable for him to be kept in prison under constant threat of infection. He also submitted that on the last two occasions when he was released on furlough leave, he had surrendered on due date, and therefore, under Rule 19(1)(C)(ii) of the Rules of 1959, he was entitled to emergency parole for 45 days. The court considered the submissions and held that the petitioner was entitled to emergency parole for 45 days. The court directed the respondent to release the petitioner on emergency parole for 45 days on usual terms and conditions. The petition was allowed accordingly.
Headnote
A) Prisons - Emergency Parole - Rule 19(1)(C)(ii) of Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 - Entitlement - Convict who had undergone angioplasty and surrendered on time on previous furlough leaves is entitled to emergency parole for 45 days - The court held that the petitioner's application for emergency parole was wrongly rejected and directed his release on emergency parole for 45 days on usual terms and conditions (Paras 7-9).
Issue of Consideration
Whether the petitioner, a life convict who has undergone angioplasty, is entitled to emergency parole for 45 days under Rule 19(1)(C)(ii) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959, especially in the context of the COVID-19 pandemic.
Final Decision
The petition is allowed. The respondent is directed to release the petitioner on emergency parole for 45 days on usual terms and conditions.
Law Points
- Emergency parole
- Rule 19(1)(C)(ii) of Maharashtra Prisons (Mumbai Furlough and Parole) Rules
- 1959
- entitlement based on previous timely surrender
- COVID-19 pandemic consideration
- health condition of convict
