Maharashtra Prisons (Furlough And Parole) Rules, 2024
[02nd
December 2024]
PREAMBLE
No. JLM-0824/C.R.
132/Prison-2.-In Exercise of the powers conferred by clauses (5) and (28) of
section 59 of the Prisons Act, 1894 (IX of 1894), in its application to the
State of Maharashtra, and of all other powers enabling it in that behalf and in
supersession of the Maharashtra Prisons (Bombay Furlough and Parole) Rules,
1959, the Government of Maharashtra hereby makes the following rules, namely.
CHAPTER 1 PRELIMINARY
Rule 1.Short title, commencement and application.
(1)
These rules may be called the Maharashtra
Prisons (Furlough and Parole) Rules, 2024.
(2)
These rules shall come into force from the
date of its publication in the Maharashtra Government Gazette.
(3)
They shall apply to convicted prisoners.
Rule 2.Definitions.
(1)
In these rules, unless the context otherwise
requires,-
(a)
"Act" means the Prisons Act, 1894
(IX of 1894);
(b)
"blood relatives" means the father
or mother or children or siblings of the prisoner;
(c)
"Form" means Form appended to these
rules;
(d)
"furlough" means a short leave
granted to a convicted prisoner, after undergoing a specified period of a
sentence, as an incentive for maintaining good conduct in the prison;
(e)
"parole" means temporary release of
a convicted prisoner from a prison, suspending his sentence for a short period
of time, for attending exigencies as specified in the rules so that he may
fulfil his familial and social obligations and responsibilities mentioned in
the grounds specified under Rule 12 of these rules;
(f)
"prisoner" means the convicted
prisoner;
(g)
"set-off period" means the period
to be set-off against sentence of imprisonment as per provisions of section 468
of the Bhartiya Nagarik Suraksha Sanhita, 2023 (46 of 2023).
(2)
Words and expressions used in these Rules but
not defined herein shall have the same meanings as are respectively assigned to
them in the Act.
CHAPTER 2 FURLOUGH
Rule 3.Objectives for grant of furlough.
(1)
To enable the prisoner to remain in touch
with his family and deal with family matters.
(2)
To provide relief from the detrimental impact
of continuous captivity in prison.
(3)
To enable the prisoner to remain hopeful
about future and cultivate active interest in life.
Rule 4.Categories of eligibility of prisoners for furlough.
(1)
All Indian prisoners, except those specified
in sub-rule (2), whose conduct reports are good are eligible for furlough as
per the provisions of these rules.
(2)
The following prisoners shall not be eligible
for furlough, namely.
(a)
foreign prisoners;
(b)
prisoners with multiple criminal cases
against them, whose bail is rejected in any one of these cases;
(c)
prisoners transferred to the Ratnagiri
Special Prison on disciplinary grounds;
(d)
prisoners convicted for offences under
sections,
(i)
392 to 402 (both inclusive) of the Indian
Penal Code;
(ii)
309(4), 309(5), 309(6), 310(1), 310(2),
310(3), 310(4), 310(6), 311, 312, and 313 of the Bhartiya Nyaya Sanhita, 2023
(45 of 2023).
(e)
prisoners who are convicted under the
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the
Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987), the
Maharashtra Control of Organized Crime Act, 1999 (Mah. XXX of 1999), the
Prevention of Terrorist Activities Act, 2002, (15 of 2002), the Protection of
Children from Sexual Offences Act, 2012 (32 of 2012) or convicted for offence
of gang rape and human trafficking;
(f)
prisoners who are convicted for offences
related to terrorism, mutiny against State, kidnapping for ransom;
(g)
prisoners who are convicted for offence of
rape or rape with murder or attempt to rape with murder;
(h)
prisoners convicted of offence against any
law relating to matters to which the executive power of the Union Government
extends, unless approved by the Union Government;
(i)
prisoners or class of prisoners in whose
cases the State Government issues directions, not to release them or to refer
the cases to the State Government for further orders;
(j)
prisoners sentenced to death or sentenced to
imprisonment till death;
(k)
prisoners convicted in offences related to
currency notes;
(l)
prisoners, whose release is not recommended
by an officer not below the rank of the Assistant Commissioner of Police or
Deputy Superintendent of Police, on the grounds that their release is
prejudicial to public peace, order and tranquillity;
(m)
prisoners, who in the opinion of the
Superintendent of Prisons,-
(i)
exhibit criminal tendencies and can pose a
threat to others,
(ii)
did not conduct themselves as per the
prescribed conduct or did not do the assigned work;
(n)
prisoners who have at any time, escaped or
attempted to escape from lawful custody;
(o)
prisoners who are considered dangerous or
have been involved in serious prison violence like assault, outbreak, riot,
mutiny, escape or activities detrimental to prison discipline;
(p)
prisoners suffering from mental illness and
not certified by the Medical Officer, fit to be released on furlough;
(q)
prisoners whose release on furlough is likely
to have repercussions elsewhere in the country;
(r)
prisoners whose release on furlough is likely
to have adverse impact on law and order and public peace during the period of
code of conduct of any elections to the Local bodies, Legislature and
Parliament:
Provided
that, after completion of sentence for the offences mentioned in clause (d),
(e), (f), (g), (k) or (n), the prisoner shall be eligible for furlough if he is
convicted for offences for which furlough is allowed under these rules.
Rule 5.Application for furlough.
(1)
The application for furlough shall be made in
Form B to the Superintendent of prisons.
Rule 6.Sanctioning Authority and Appellate Authority for furlough.
(1)
The officers mentioned in column (3) of the
Table shall be the Sanctioning Authority to grant furlough in case of a
prisoner specified in column (2) thereof.
(2)
If an application of release on furlough is
refused by the Sanctioning Authority an appeal may be filed in Form I to the
Appellate Authority specified in column (4) of the Table.
(3)
An appeal against the rejection of furlough
may be filed within a period of thirty days from the date of receipt of order
of Sanctioning Authority.
(4)
The Superintendent shall issue acknowledgment
of appeal to the prisoner and forward the appeal to the Appellate Authority
within six days.
(5)
The Appellate Authority shall take decision
within thirty days on appeal from the date of receipt of appeal.
TABLE
Sr. No. (1) |
Prisoner (2) |
Sanctioning Authority (3) |
Appellate Authority (4) |
1. |
Prisoner confined in Closed Prison |
Deputy Inspector General of Prisons |
Additional Director General of Police and Inspector
General of Prisons and Correctional Services. |
2. |
Prisoner confined in Open Prison |
Superintendent of Open Prison |
Deputy Inspector General of Prisons. |
Rule 7.Duration of furlough.
(1)
The duration of furlough for eligible
prisoners shall be as follows.
Sr. No. (1) |
Duration of sentence awarded (2) |
Period of actual imprisonment undergone in
prison (3) |
Admissible duration of furlough per
calendar year (4) |
1. |
Not exceeding five years |
On completion of one year of actual imprisonment |
Twenty one days |
2. |
Exceeding five years but not more than fourteen years |
On completion of two years of actual imprisonment |
Twenty one days during the first five years of actual
imprisonment and twenty eight days for the remaining period of sentence. |
3. |
Prisoners sentenced to life or imprisonment exceeding
fourteen years |
On completion of three years of actual imprisonment |
Twenty one days during the first five years of actual
imprisonment and twenty eight days for the remaining period of sentence. |
Note 1.- The period of imprisonment in this rule includes the sentence or
sentences awarded in lieu of fine in case if the fine is not paid.
Note 2.- For the purposes of eligibility for furlough, "sentence? means
the sentence as finally decided in appeal, or revision, or otherwise, and
includes the aggregate of one or more sentences.
(2)
The prisoner who has defaulted in any way in
returning to theprison at the time of completion of his furlough or parole is
eligible for furlough as per the following criteria.
Sr. No. |
Period of unauthorised overstay before
surrendering |
Where surrendered himself |
Where admitted by police |
(1) |
(2) |
(3) |
(4) |
1. |
Upto 7 days |
Eligible as per the rules |
One year after admission from overstay. |
2. |
From 8 to 180 days |
One year after surrender from overstay |
Two years after admission from overstay. |
3. |
From 181 to 365 days |
Two years after surrender from overstay |
Three years after admission from overstay. |
4. |
From 366 days and above |
Three years after surrender from overstay |
Five years after admission from overstay. |
Rule 8.Intimation of eligibility for furlough.
The Superintendent of Prisons shall inform the prisoners at least three months
in advance about their eligibility for furlough and keep a Roster of Intimation
in Form A.
Rule 9.Frequency of furlough.
Furlough can be availed only once in a calendar year. Furlough not availed in a
calendar year shall be deemedto have lapsed at the end of the calendar year.
Rule 10.Extension of furlough.
Furlough shall not be extended beyond thesanctioned period under any
circumstances.
Rule 11.Counting furlough towards period of sentence.
The period spent on furlough shall be counted towards the period of sentence.
CHAPTER 3 PAROLE
Rule 12.Grounds for grant of parole.
(1)
To deal with serious illness of his spouse,
blood relatives, birth of his child, or attend to the aftermath of natural
calamities like floods, fire, earthquake resulting in damage tohis house and
property.
(2)
To attend to the final rituals on the death
of his blood relatives or spouse.
(3)
To attend to the marriage of his children and
siblings.
Rule 13.Types of parole.
The parole is of following two types, namely.
(1)
Regular Parole- Regular parole may be granted
to prisoner to attend serious illness of his spouse or blood relatives, birth
of his child, marriage of his children or siblings or the aftermath of natural
calamities like floods, fire, earthquake resulting in damage to his house and
property.
(2)
Emergency Parole- Emergency parole may be
granted to prisoner to attend the final rituals on the death of his spouse or
blood relatives.
Rule 14.Eligibility for parole.
(1)
All prisoners except foreign prisoners,
prisoners sentenced to death and prisoners sentenced to imprisonment for life
till death, shall be eligible for regular parole, on completion of one year of
actual imprisonment.
(2)
All prisoners except foreign prisoners are
eligible for emergency parole.
Rule 15.Application for parole.
The application for parole shall be made in Form B to the Superintendent of
Prisons.
Rule 16.Sanctioning Authority and Appellate Authority for parole.
(1)
The officers mentioned in column (4) of the
Table shall be the Sanctioning Authority to grant type of parole specified in
column (2) for the duration specified in column (3) thereof.
(2)
If an application of release on parole is
refused by the Sanctioning Authority, an appeal may be filed to the Appellate
Authority specifiedin column (5) of the Table.
(3)
An appeal against rejection of regular parole
may be filed in Form I within a period of thirty days from the date of receipt
of order of Sanctioning Authority.
(4)
The Superintendent shall issue acknowledgment
of appeal to the prisoner and forward the appeal to the Appellate Authority
within six days.
(5)
The Appellate Authority shall take decision
within thirty days from the date of receipt of appeal.
(6)
An appeal against rejection of emergency
parole may be filed within a period of two days from the date of receipt of
order of Sanctioning Authority.
(7)
In case of emergency parole the Superintendent
shall immediately forward the appeal to the Appellate Authority.
(8)
The Appellate Authority shall take decision
within two days on appeal in case of emergency parole.
(9)
The Appellate Authority may, in exceptional
cases, reduce expenses of police escort or such other expenses to some extent
or totally waive off the expenses for financially weaker prisoners. In such
cases, the Appellate Authority shall have the power to reduce the days of
emergency parole.
TABLE
Sr. No. (1) |
Type of Parole (2) |
Duration of Parole (3) |
Sanctioning Authority (4) |
Appellate Authority (5) |
1. |
Regular Parole |
Up to forty days |
Deputy Inspector General of Prisons |
Additional Director General of Police and Inspector
General of Prisons and Correctional Services. |
2. |
Emergency Parole |
Up to fourteen days |
Deputy Inspector General of Prisons |
Additional Director General of Police and Inspector
General of Prisons and Correctional Services. |
Rule 17.Frequency of parole.
Parole, except emergency parole, can be availed only once in a calendar year.
Rule 18.Extension of parole.
Parole shall not be extended beyond the sanctioned period under any
circumstances.
Rule 19.Counting towards period of sentence.
The period spent on parole shall not be counted towards the period of sentence.
CHAPTER 4 TERMS FOR FURLOUGH AND PAROLE
Rule 20.Cost to be borne by prisoner.
When the prisoner is released on furlough or parole, the cost of his journey
both ways shall be borne by the prisoner concerned.
Rule 21.Procedure to avail furlough or regular parole.
(1)
If the prisoner desires to be considered for
furlough, he shall submit an application in Form B, in triplicate, to the
Superintendent of Prisons.
(2)
Any prisoner desiring to be released on
regular parole shall submit his application either on his own or through his
relatives or friends or legal advisor in Form B, in triplicate, to the
Superintendent of Prisons.
(3)
An application for furlough or regular parole
shall state clearly the name and full address of the place where the prisoner desires
to spend the furlough or regular parole, the full name of the person willing to
receive him on furlough or regular parole and willing to execute the Personal
Bond in Form E for such amount as may be fixed by the Sanctioning Authority.
(4)
The medical certificate submitted by prisoner
for regular parole shall be verified and attested by the Civil Surgeon, Medical
Superintendent or Medical Officer of the Government Hospital.
(5)
The Superintendent of Prisons shall endorse
his remarks on the application and submit one copy to the Sanctioning Authority
along with the nominal roll of the prisoner and another to the concerned
Assistant Commissioner of Police or Deputy Superintendent of Police of the area
where the prisoner proposes to spend his furlough or regular parole.
(6)
The concerned Police Authorities shall
conduct the enquiry and forward enquiry report along with their remarks to the
Sanctioning Authority within specified time limit by post or electronic modes
of communication. In case of adverse report, the details of enquiry along with
supporting evidence shall be furnished. Electronic mode of communication can be
used for speedy correspondence.
(7)
Even if an adverse report is received from
the Police Authorities regarding the furlough or regular parole of the
prisoner, the Sanctioning Authority may take a decision after considering the
report judiciously.
(8)
On receipt of an application for furlough or
regular parole, the Sanctioning Authority may make such enquiry as it considers
necessary. The Sanctioning Authority, after considering the remarks of the
Superintendent of Prisons and enquiry report and remarks of the concerned
police authority, is of opinion that there is no objection to release the
prisoner concerned on furlough or regular parole, he shall make an order,
within specified time limit, for his release on furlough or regular parole in
Form D.
(9)
If the Sanctioning Authority rejects the
application of furlough or regular parole and the Appellate Authority confirms
the rejection, the next application shall be submitted after completion of six
months from the date of such order of the Sanctioning Authority.
(10)
The officer in charge of the police station
where the prisoner spent the furlough or regular parole shall submit the
certificate in Form H, within ten days, each time the prisoner surrenders
himself to the prison.
(11)
In case of furlough, when a prisoner returns
in time after three consecutive furloughs with same surety from the same place
and applies for subsequent furlough with the same surety and for same place, no
fresh police enquiry report may be required. In such cases the Sanctioning
Authority may consider the three previous certificates in Form H instead of
seeking fresh police report.
Rule 22.Procedure to avail Emergency Parole.
(1)
A prisoner desiring to be released on
emergency parole shall submit an application either on his own or through his
relatives or friends or legal advisor in Form B in triplicate along with
relevant documents to the Sanctioning Authority.
(2)
A prisoner belonging to Hindu and other
religions (except Muslims) may apply for emergency parole, within ten days of
the death of his spouse or blood relatives and a prisoner who is a Muslim, may
apply for emergency parole within twenty days of the death of his spouse or
blood relatives.
(3)
After receiving such application, the
Sanctioning Authority shall immediately make a primary inquiry with authorities
of the concerned police station as to the veracity of the reason for emergency
Parole and socio-economic or financial condition of the prisoner. Electronic
mode of communication can be used for speedy correspondence.
(4)
After receiving police enquiry report, the
Sanctioning Authority shall peruse it along with the record of the prisoner
during previous furlough or parole and pass an order in writing after recording
reasons therefor. The order shall be communicated to the prisoner and an
acknowledgement shall be kept on record. The order shall also be communicated
to his relatives, friends and surety.
(5)
The Sanctioning Authority shall after considering
the crime history of the prisoner, grant emergency parole either with police
escort, or on Surety Bond, Personal Bond and Cash Security Bond. The cost
ofpolice escort shall be borne by the prisoner or his relatives.
(6)
The Sanctioning Authority shall decide the
duration of emergency parole with police escort, but the same shall not exceed
fourteen days.
(7)
On compliance of the terms and conditions
mentioned in the sanction order, the Superintendent of Prisons shall issue a
release order in prescribed Form D, wherein the date of release, date of
surrender,terms and conditions, etc. shall be stated clearly and the prisoner
shall be released on emergency parole, without any delay.
(8)
If the Sanctioning Authority rejects the
application for emergency parole, the prisoner may file an appeal in prescribed
Form I with declaration in Form J, to the Appellate Authority within two days.
The Appellate Authority shall take a decision regarding the emergency parole,
within two working days and pass an order in writing afterrecording reasons
which shall be communicated to the appellant prisoner by the Superintendent of
Prisons and an acknowledgement shall be kept on record. The order shall also be
communicated to hisrelatives or friends and surety.
Rule 23.Timelines for processing application for furlough or regular parole.
Sr.No. |
Activity |
Maximum time admissible to
complete the activity (within) |
(1) |
(2) |
(3) |
1. |
Application for furlough or regular parole by the
prisoner |
Forty-five working days prior to the date from which
furlough/regular parole is requested. |
2. |
Application to be forwarded to the Sanctioning
Authority / concerned Police Authorities |
Six working days from the date of receipt of
application. |
3. |
Concerned Police Authorities must submit report to Sanctioning
Authority |
Fifteen days from the date of receipt of application in
their office. |
4. |
When report is sent by post, additional time given for
submission |
Seven working days. |
5. |
After receipt of police report, the Sanctioning
Authority shall take a final decision |
Seven working days. |
6. |
Decision of Sanctioning Authority regarding furlough /
parole must be conveyed to the prisoner |
Ten working days. |
7. |
Release of prisoner |
Immediately after necessary compliance of the
conditions for release by the prisoner (as prescribed in the Sanction order). |
Rule 24.Submission of surety, personal bond and cash security.
(1)
The Sanctioning Authority may grant furlough
or parole to the prisoner subject to his executing a Personal Bond in Form E
and Cash Security in Form F to observe all or any of the conditions mentioned
therein and also subject to such other conditions, if any, as may be specified
by the Sanctioning Authority. No prisoner shall be granted furlough or parole
unless he can provide a suitable surety willing to receive him. The surety
chosen must be willing to enter into a Surety Bond as in Form C appended to
these rules for such amount as may be fixed by the Sanctioning Authority.
(2)
The surety may be furnished either to the
Tahsildar of the area where the surety resides in or to the Superintendent of
any Prison in Maharashtra nearest to the residence of the surety or to the
Superintendent of the Prison where the prisoner is confined.
(3)
The Tahsildar or the Superintendent of
Prisons, shall be bound to forward the documents related to the surety to the
Superintendent of the Prison where the prisoner is confined.
Rule 25.Declaration of prisoner before release on furlough or parole.
Before releasing a prisoner on furlough or parole, a declaration in Form G, shall
be taken from him.
Rule 26.Intimation of release.
(1)
When a prisoner is released on furlough or
parole, a condition shall be included in the order, directing or requiring the
prisoner to report to the concerned Police Station of the area where he intends
to spend his furlough or parole, at such intervals, as may be considered
expedient by the Sanctioning Authority.
(2)
Whenever a prisoner is released on furlough
or parole, an intimation of such release shall forthwith be given by the
Superintendent ofPrisons to the following authorities,-
(a)
To the Deputy Inspector General of Prisons.
(b)
To the Assistant Commissioner of Police or
Deputy Superintendent of Police of the area where the prisoner intends to spend
his furlough or parole.
(c)
To the Station-in-charge of the Police
Station of the area wherethe prisoner intends to spend his furlough or parole.
(d)
To the surety who has submitted the surety
bond in Form C.
Rule 27.Period of validity of order of furlough and parole.
The orders granting furlough or regular parole passed by the Competent
Authority shall be valid for two months from the date of order, and for eight
daysin case of emergency parole.
Rule 28.Order inoperative on surrender.
As soon as the prisoner released on furlough or parole surrenders himself to
the prison authorities, his order of release shall become inoperative.
Rule 29.Procedure to be followed when the prisoner fails to surrender within due date.
(1)
The prisoner shall surrender to the prison on
the specified date, before 5 p.m.
(2)
If a prisoner does not surrender himself to
the prison on the prescribed date and time, the Superintendent of Prisons shall
forfeit the amount of cash security and register a First Information Report
(FIR)under section 262 of the Bhartiya Nyaya Sanhita, 2023 (45 of 2023) in the
concerned Police Station i.e., the police station within whose jurisdiction the
prisoner availed furlough or parole and send an intimation regarding the same
to the Superintendent of Police or Commissioner of Police of the area, where
the prisoner was supposed to spend the period of furlough or parole.
(3)
The Sanctioning Authority may, in a case of
breach of any of the conditions on which furlough or parole was granted, cancel
its order granting such furlough or parole. An intimation regarding such
cancellation shall forthwith be given by the Superintendent of Prisons to the
authorities and persons specified in sub-rule (2) of rule 26.
(4)
The Superintendent of Prisons shall also
inform about the nonsurrender of the prisoner to the State Crime Records
Bureau, State Investigation Department and ask them to upload a photograph of
the absconding prisoner on the authorised website.
(5)
The Police Authorities shall arrest the
prisoner and remand him to undergo the unexpired portion of his sentence. In
case a prisoner is not arrested by the police, the concerned police shall take
action under sections 84 and 85 of the Bhartiya Nagarik Suraksha Sanhita, 2023
(46of 2023).
Rule 30.Consequences of breach of conditions.
The prisoners who apply for parole on false grounds or those who misuse the
concession or commit breach of any of the conditions of furlough or parole are
liable to be punished under sections 48A and 51-B of the Act.
Rule 31.Miscellaneous.
If any question or dispute arises with regard to interpretation of any of these
rules, the matter shall be referred to the State Government. The decision of
the Government on the interpretation of these rules shall be final.
Form
A
Roster
of intimation of eligibility for furlough.
(See
rule 8)
Sr Nos. |
Number and name of prisoner |
Period of imprisonment undergone (with
set-off period) (YMD) |
Date of sentence |
Date of eligibility for furlough |
Signature of prisoner with date |
Signature of Jailor in-charge of furlough
or parole section |
|
|
|
|
|
|
|
Form
B
Form
of Application for Release on Furlough / Parole
(See
Rules 21 and 22)
To,
The DIG / Superintendent,
..........................
Through :
Sub
:..........................
Sir,
With reference to above
mentioned subject, I, (Number & Name of prisoner)..........................
hereby apply for furlough/regular parole/emergency/special parole, to go
to.......................... (mention place) for.......................... (reason)
Hence, I submit the details as mentioned below.
1 |
Convict No |
|
2 |
Full name of the prisoner |
|
3 |
Permanent address |
|
4 |
Name of police station where FIR was registered. |
|
5 |
Name of Court |
|
6 |
Sections |
|
7 |
Date of sentence |
|
8 |
Period of sentence |
|
9 |
Actual imprisonment |
|
10 |
Name of co-accused |
|
11 |
Name of the prison where the co-accused is confined |
|
12 |
Whether any of the co-accused are on leave. If yes, the
details thereof |
|
13 |
Details regarding appeal against sentence |
|
14 |
Is there is any second case pending? If yes, the
details thereof. |
|
15 |
Reason for seeking leave |
|
16 |
Whether documents in support of the reason are annexed
hereto or not? |
|
17 |
If yes, the details thereof |
|
18 |
Full name and address of the surety |
|
19 |
Relation with the surety |
|
20 |
Full address of the place where the applicant intends
to spend the period of leave |
|
21 |
Name and address of the police station of the area
where the applicant intends to spend the period of leave |
|
22 |
Date of return from previous leave and the type of
leave |
|
23 |
Details of the rejected previous leaves |
|
24 |
Whether an appeal or a writ has been filed? If yes, the
details thereof. |
|
25 |
Abstract of the offence committed by the Prisoner |
|
The information given above
is true to the best of my knowledge.
Before
me.........................Name of the Prisoner.........................
Jailor.........................
Signature of Prisoner.........................
Date.........................
The prisoner confirms that
the facts stated by him are true. He is prepared for the action that may be
taken against him if they prove to be false.
Superintendent of Prisons.
IMMEDIATE
No. of Prison Office. Dated,
Forwarded to the Deputy
Superintendent of Police / Assistant Commissioner of Police, with request to
make immediate enquiries to ascertain if the ground or grounds on which
furlough/parole is applied for is or are genuine and to submit his report
immediately to the (Sanctioning Authority) mentioning inter alia whether he
recommends the grant of furlough/parole and, if so for what period, and also
whether there is a likelihood of breach of peace if the inmate is released on
parole. (In case of special/emergency Parole, socioeconomic/financial condition
of the prisoner shall also be furnished.)
Superintendent of Prisons.
Note: The concerned Police
Authorities shall reply with their remarks of enquiry for the decision of the
Sanctioning Authority. In case of adverse report, the details of enquiry along
with documentaryevidence shall be furnished. It shall be mandatory for the
concerned Police Authorities to submit the enquiry report within prescribed
time period by post or electronic modes of communication.
Copy, with the Nominal Roll
of the Inmate, submitted to the (Sanctioning Authority)
Date:
Place: Superintendent of
Prisons.
Form
C
Surety
bond
(See
Rules 21, 24 and 26)
I,.............................
inhabitant of............................. hereby declare myself surety
for............................. Prisoner No............................. and
give the guarantee that he shall duly observe the conditions of release on
furlough/parole and shall appear himself before the Superintendent
of.............................Prison at............................. on the
expiration of the period of his release on furlough/parole and in case of his
making default herein, I hereby bind myself to pay to the Government of
Maharashtra, the sum of Rs..............................
And I agree that the
Government of Maharashtra may, without prejudice to any other rights or
remedies of Government, recover from me the said sum as an arrear of land
revenue.
Dated this day of 20
Signed by the above named
Surety in the present of:
1
2
Signature of the Surety.
Form
D
(See
Rules 21 and 22)
Form
of order of release on furlough/parole
In exercise of the powers
conferred by the Maharashtra Prisons (Furlough and Parole) Rules, 2024, the
Deputy Inspector General of Prisons,......................./ the Superintendent
of Prisons,....................... has granted furlough/parole
(regular/emergency/special) to the convict....................... for a period
of....................... days vide the order No.......................
dated....................... Accordingly, after the compliance of the
conditions laid down in the said order, the convict....................... is
being released on furlough/parole (regular/emergency/special)
on....................... for a period of....................... days to be
spent at....................... and he/she has to surrender to the this prison
on/before....................... before the closing of the prison without fail.
Date :
Place : Sign & Seal of
the Superintendent of Prisons
Form
E
Personal
bond
(See
Rule 21 and 24)
Whereas I
(Name)........................inhabitant of (Place)........................
have been sentenced to undergo imprisonment for the term
of........................ years.
And whereas the Deputy
Inspector General of Prisons/Superintendent of Prisons has been pleased to
release me on furlough/parole for the term of (........................)
commencing from and ending on........................ on condition of my
executing a Personal Bond for my appearance on the following
date........................
I hereby agree with and bind
myself unto the Government of Maharashtra to abide by the conditions mentioned
in order issued by the Sanctioning Authority, and further agree to appear and
surrender myself before the Superintendent of Prisons at........................
O?clock on the date viz.,........................ and in case of my making
default herein I bind myself to pay to the Government of Maharashtra a sum of
Rs........................ and I agree that the Government of Maharashtra, may
without prejudice to me any other rights or remedies, recover the said sum from
me as an arrear of land revenue.
Dated
this........................day of........................20
Before me Signature of
prisoner.
Superintendent of prisons
Form
F
Bond
giving a cash security
(See
Rule 24)
Whereas I
(Name)...................... inhabitant of (Place)...................... have
been sentenced to undergo imprisonment for the term of......................
years.
And whereas the Deputy
Inspector General of Prisons,...................... / the Superintendent of
Prisons,...................... has been pleased to release me on
furlough/parole for the term of...................... commencing
from...................... and ending on...................... on condition of
my giving a cash security for my appearance on the date......................
I hereby agree with and bind
myself unto the Government of Maharashtra to abide by the conditions mentioned
in the order issued by the Sanctioning Authority and further agree to appear
and surrender myself to the Prison Authorities at......................
At...................... O?clock on the date...................... and in case
of my making default herein I bind myself to forfeit to the Government the sum
of Rs.......................
Dated this day of 20
Before me.
Superintendent of prisons.
Signature of the prisoner
Form
G
(See
Rule 25)
Declaration
to be given by prisoner before release on leave
"I,.........................
hereby accept and agree to abide by the conditions of the release order and I
acknowledge that should I fail to fulfill these conditions or any portion of
them, the Sanctioning Authority may revoke the order of release and forfeit the
amount of security furnished by me, and I may be arrested by any Police Officer
without warrant and remanded to undergo the unexpired portion of my sentence,
and I further acknowledge that should I fail to fulfill these conditions or any
portion of them, I am liable to be punished, onconviction, with imprisonment
for a term which may extend to two years or with fine which may extend to
Rs.10,000 or with both, under Section 51-B of the Prisons Act, 1894, as
applicable to the State. I further acknowledge that should I fail to surrender
on the due date after the expiry of furlough/parole period then I shall be
liable to be prosecuted under section 262 of Bharatiya Nyaya Sanhita,
2023."
Date :
Place:
Before me Name and Signature
of prisoner
Jailor
Form
H
(See
Rule 21)
Form
to be filled and sent by the concerned Police Station
(1)
Name of the Prisoner :
(2)
Name of the Prison where the Prisoner is
undergoing his sentence :
(3)
Details of Furlough / Parole :
(4)
Conduct of the Prisoner during period of
Furlough / Parole (Good/Bad) :
(5)
Dates on which the Prisoner reported to the
concerned Police Station :
(6)
Whether any other case registered against the
Prisoner during the period of Furlough / Parole (Yes / No) :
(7)
If yes, the nature of the case registered
against the Prisoner during the period of Furlough / Parole :
=
Date :
Place :
Sign & Seal
In-charge of Police Station
Form
I
(See
Rules 6, 15 and 22)
Form
of appeal for furlough/parole (regular/emergency/special)
To,
The ADG & IG of Prisons
/ DIG of Prisons,
.....................
Through : The
Superintendent.....................
Subject :
Reference : (Rejection
Order)
Sir,
With reference to above
mentioned subject, I, (number & name of prisoner) hereby submit an appeal
against the order mentioned under reference for getting furlough/regular
parole/emergency/special parole to go to..................... (place) for
(reason)..................... Hence I submit the details as mentioned below.
1 |
Convict No |
|
2 |
Full Name of the prisoner |
|
3 |
Permanent address |
|
4 |
Name of police station where FIR was registered. |
|
5 |
Name of Court |
|
6 |
Sections |
|
7 |
Date of sentence |
|
8 |
Period of sentence |
|
9 |
Actual imprisonment undergone including set-off |
|
10 |
Name of co-accused |
|
11 |
Name of the prison where the co-accused are confined |
|
12 |
Whether any of the co-accused are on leave, if yes, the
details thereof |
|
13 |
Details regarding appeal against sentence |
|
14 |
Is there any second case pending? If yes, the details
thereof. |
|
15 |
Reason for applying for leave |
|
16 |
Whether documents in support of the reason are annexed
hereto or not? |
|
17 |
If yes, the details thereof |
|
18 |
Full name and address of the surety |
|
19 |
Relation with the surety |
|
20 |
Full address of the place where the applicant intends
to spend the period of leave |
|
21 |
Name and address of the police station of the area
where the applicant intends to spend the period of leave |
|
22 |
Date of return from previous leave and the type of
leave |
|
23 |
Details of the rejected previous leaves |
|
24 |
Whether an appeal or a writ has been filed against the
refusing order? If yes, details thereof along with Form-J. |
|
25 |
Abstract of the offence committed by the inmate |
|
26 |
Grounds on which furlough / parole (regular / emergency
/ special) is rejected by the Sanctioning Authority and the rules referred to
therein. |
|
The information given above
is true to the best of my knowledge.
Before Me Name of prisoner
Jailor
Name of the prison Signature of prisoner
Form
J
(See
Rule 22)
Declaration
I hereby declare that I have
/ have not / filed a Writ Petition against the refused order of furlough/parole
in the Supreme Court of India / High Court of Mumbai (Bench at....).
The details thereof are as follows:
i.
Writ Petition :
ii.
Date of filing :
iii.
Name of court :
iv.
Current status :
Before Me Name of prisoner
Jailor Sign & Date
Name of prison