Case Note & Summary
The petitioner, Baburao Marotrao Dakhore, was convicted by the Learned Sessions Court, Hingoli for offences punishable under Section 376(2)(H)(I)(N) of the Indian Penal Code and Section 4 read with Section 3 of the Protection of Children from Sexual Offences Act, 2012. He was sentenced to 10 years of imprisonment and a fine of Rs.25,000, with default sentence of one year R.I. He has been in jail since 29.04.2015. His father died on 17.07.2016. The petitioner applied for emergency parole under Rule 19(1) of the Prisons (Bombay Furlough and Parole) Rules, 1959 to attend the funeral. Respondent No.3, the Superintendent of Nashik Road Central Prison, rejected the application solely on the ground that the petitioner was convicted for a heinous offence. The petitioner's appeal to the Divisional Commissioner was also rejected. Aggrieved, the petitioner filed this Criminal Writ Petition. The High Court observed that the rejection was based only on the nature of the offence, without any adverse report or material suggesting that the petitioner would abscond or commit an offence if released. The court held that emergency parole under Rule 19(1) is a right subject to conditions, and the Superintendent's order was arbitrary. The court set aside the impugned orders and directed that the petitioner be released on emergency parole for a period of 15 days from the date of release, subject to furnishing a personal bond of Rs.15,000 and a surety of the like amount. The petitioner was also required to report to the nearest police station daily and surrender after the parole period. The petition was allowed.
Headnote
A) Prisons and Parole - Emergency Parole - Rule 19(1) of Prisons (Bombay Furlough and Parole) Rules, 1959 - Denial of emergency parole to a convict sentenced for 10 years under Section 376(2)(H)(I)(N) IPC and Section 4 read with Section 3 of POCSO Act for attending father's funeral - The Superintendent rejected the application solely on ground of heinous nature of offence without any adverse report - Held that emergency parole is a right subject to conditions and cannot be denied arbitrarily; the order was set aside and parole granted for 15 days with conditions (Paras 2-6).
Issue of Consideration
Whether a convict under Section 376(2)(H)(I)(N) IPC and POCSO Act can be denied emergency parole for attending father's funeral merely because of the nature of the offence.
Final Decision
The petition is allowed. The impugned orders are quashed and set aside. The respondents are directed to release the petitioner on emergency parole for a period of 15 days from the date of his release, subject to furnishing a personal bond of Rs.15,000 and a surety of the like amount. The petitioner shall report to the nearest police station daily and surrender after the parole period.
Law Points
- Emergency parole under Rule 19(1) of Prisons (Bombay Furlough and Parole) Rules
- 1959 is a right subject to conditions
- rejection on ground of heinous offence not sustainable if no adverse report
- parole cannot be denied solely based on nature of conviction.
