Case Note & Summary
The petitioner, a prisoner convicted and lodged at Kolhapur Central Prison, filed a writ petition directly before the Bombay High Court seeking parole for 30 days on the ground that his daughter's marriage was scheduled on 29 May 2016. The petitioner had not made any application to the concerned authority for parole. The petitioner's counsel relied on the Full Bench decision in S. Sant Singh @ Pilli Singh Ajit Singh Kalyani v. The Secretary, Home Department, Govt. of Maharashtra, Mantralaya, Mumbai & Ors. [2006 ALL MR (Cri) 625] to argue that a prisoner can directly approach the High Court for parole. The Court examined the decision and found that it did not support the contention. The Court noted that the decision in S. Sant Singh only held that parole can be granted even if the prisoner's appeal is pending before any court, but it did not hold that a prisoner can bypass the procedure laid down in Rules 18 to 28 of the Prisons (Bombay Furlough and Parole) Rules, 1959. The Court emphasized that there is a specific procedure for obtaining parole under Rules 18 to 28, which requires the application to be made to the Competent Authority. Since the petitioner had not followed this procedure and had directly approached the High Court, the petition was dismissed. The Court also noted that the decision in S. Sant Singh clearly states that it is for the competent authority or the Government to decide whether parole is to be granted.
Headnote
A) Criminal Procedure - Parole - Direct Approach to High Court - Prisons (Bombay Furlough and Parole) Rules, 1959, Rules 18-28 - Petitioner sought parole for daughter's marriage directly from High Court without applying to competent authority - Court held that the procedure under Rules 18-28 must be followed and the High Court cannot entertain a direct application for parole - Reliance on S. Sant Singh was misplaced as that decision only held that parole can be granted even if appeal is pending, not that direct approach is permissible (Paras 2-4).
Issue of Consideration
Whether a prisoner can directly approach the High Court for parole without first applying to the competent authority under the Prisons (Bombay Furlough and Parole) Rules, 1959.
Final Decision
The petition is dismissed. Rule is discharged.
Law Points
- Parole cannot be granted directly by High Court bypassing statutory procedure
- Application for parole must be made to Competent Authority under Rules 18-28 of Prisons (Bombay Furlough and Parole) Rules
- 1959
- Decision in S. Sant Singh does not permit direct approach to High Court for parole
