Case Note & Summary
The petitioner, Abdul Rouf Abdul Samad, a convict serving life imprisonment for murder, filed a Criminal Writ Petition before the Bombay High Court at Aurangabad seeking parole to arrange medical treatment for his ailing mother. The petitioner had been convicted under Section 302 of the Indian Penal Code and was lodged at Nashik Central Prison. He had previously escaped from prison but was subsequently apprehended. The Divisional Commissioner, Nashik, had rejected his parole application by order dated 09.03.2017, citing the escape history. The petitioner challenged this order. The High Court considered the legal position that parole is a reformative process and not a right, but can be granted on compassionate grounds. The court noted that the petitioner's mother required medical treatment and that the petitioner had no other family member to attend to her. The court held that the mere fact of a previous escape does not permanently disentitle a convict from parole, especially when compassionate grounds exist. The court allowed the petition, set aside the impugned order, and directed the respondents to release the petitioner on parole for a period of 30 days, subject to conditions including furnishing a personal bond of Rs. 25,000 with one surety, reporting to the local police station every week, and not leaving the jurisdiction without permission. The court also directed the petitioner to surrender immediately after the parole period.
Headnote
A) Prisons Law - Parole - Compassionate Grounds - Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 - Rule 19 - Parole granted for medical treatment of mother despite petitioner's previous escape from prison - Court held that parole is a reformative process and can be granted with stringent conditions to ensure return - Petitioner directed to be released on parole for 30 days on furnishing bond and surety, with conditions including reporting to police station and not leaving jurisdiction (Paras 1-10).
Issue of Consideration
Whether a convict with a history of escape from prison can be granted parole for the medical treatment of his mother.
Final Decision
Petition allowed. Impugned order dated 09.03.2017 quashed and set aside. Respondents directed to release petitioner on parole for 30 days on furnishing personal bond of Rs. 25,000 with one surety, subject to conditions: reporting to police station every week, not leaving jurisdiction without permission, and surrendering immediately after parole period.
Law Points
- Parole is a reformative process
- not a right
- parole can be granted for compassionate grounds like medical treatment of family members
- escape history does not automatically disentitle parole
- conditions can be imposed to secure compliance.
