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  • Sections

  • Rule 1. Short title, commencement and application.
  • Rule 2. Definitions.
  • Rule 3. Objectives for grant of furlough.
  • Rule 4. Categories of eligibility of prisoners for furlough.
  • Rule 5. Application for furlough.
  • Rule 6. Sanctioning Authority and Appellate Authority for furlough.
  • Rule 7. Duration of furlough.
  • Rule 8. Intimation of eligibility for furlough.
  • Rule 9. Frequency of furlough.
  • Rule 10. Extension of furlough.
  • Rule 11. Counting furlough towards period of sentence.
  • Rule 12. Grounds for grant of parole.
  • Rule 13. Types of parole.
  • Rule 14. Eligibility for parole.
  • Rule 15. Application for parole.
  • Rule 16. Sanctioning Authority and Appellate Authority for parole.
  • Rule 17. Frequency of parole.
  • Rule 18. Extension of parole.
  • Rule 19. Counting towards period of sentence.
  • Rule 20. Cost to be borne by prisoner.
  • Rule 21. Procedure to avail furlough or regular parole.
  • Rule 22. Procedure to avail Emergency Parole.
  • Rule 23. Timelines for processing application for furlough or regular parole.
  • Rule 24. Submission of surety, personal bond and cash security.
  • Rule 25. Declaration of prisoner before release on furlough or parole.
  • Rule 26. Intimation of release.
  • Rule 27. Period of validity of order of furlough and parole.
  • Rule 28. Order inoperative on surrender.
  • Rule 29. Procedure to be followed when the prisoner fails to surrender within due date.
  • Rule 30. Consequences of breach of conditions.
  • Rule 31. Miscellaneous.

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Maharashtra Prisons (Furlough And Parole) Rules, 2024

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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

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