Case Note & Summary
The petitioner, Santosh Manohar Deshmukh, was convicted under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) on October 20, 2005 and sentenced to life imprisonment with a cumulative fine of Rs.15,04,000/- and default sentence of 10 years. He was arrested on August 5, 2001 and had been in custody for over 18 years. The Government of Maharashtra, by order dated October 21, 2016, categorized him under Category 7(a) of the 2010 Guidelines for Premature Release, directing his release after completing 14 years of actual imprisonment. The petitioner completed 14 years but could not pay the fine, so he continued to undergo default sentence. In view of the COVID-19 pandemic, the Supreme Court directed decongestion of prisons, and a High Powered Committee recommended release of certain prisoners. The petitioner filed a writ petition under Article 226 seeking emergency parole. The respondents opposed, arguing that the petitioner was not entitled to parole due to non-payment of fine and that he was a hardened criminal. The court noted that the petitioner had completed 14 years of actual imprisonment and that non-payment of fine should not be a bar to emergency parole, especially when the family was in abject poverty. The court allowed the petition, directing the petitioner's release on emergency parole for 45 days on conditions including furnishing a personal bond of Rs.25,000/- and reporting to the police station weekly.
Headnote
A) Criminal Law - Emergency Parole - COVID-19 Pandemic - Non-Payment of Fine - Petitioner, a life convict under MCOCA, completed 14 years of actual imprisonment but could not pay fine of Rs.15,04,000/- and was undergoing default sentence - Court held that non-payment of fine cannot be a ground to deny emergency parole when the convict has completed the requisite actual sentence and the purpose of parole is to decongest prisons during pandemic - Petitioner directed to be released on emergency parole for 45 days on conditions (Paras 7-10).
Issue of Consideration
Whether a life convict under MCOCA who has completed 14 years of actual imprisonment but is unable to pay the fine and is undergoing default sentence is entitled to emergency parole in view of the COVID-19 pandemic.
Final Decision
Petition allowed. Petitioner to be released on emergency parole for 45 days on furnishing a personal bond of Rs.25,000/- with one surety, and on condition that he reports to the nearest police station once a week. Petitioner to surrender after expiry of parole period.
Law Points
- Emergency parole
- COVID-19 pandemic
- decongestion of prisons
- non-payment of fine
- default sentence
- MCOCA
- Article 226
- parole conditions
