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 this behalf, the Government of Maharashtra hereby makes
the following rules further to amend the Maharashtra Prisons (Mumbai Furlough
and Parole) Rules, 1959 (hereinafter referred to as "the Principal
Rules"), as follows namely. These Rules may be called the Maharashtra
Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2016. These Rules shall come into force from the
date of their publication in the Official Gazette In Rule 4 of the Principal Rules, (a)
for
the words "The following categories of prisoners shall not be considered
for release on furlough" the words, "All Indian prisoners except from
following categories whose annual conduct reports are good shall be eligible
for furlough" shall be substituted. (b)
after
sub-rule (10), the following sub-rules shall be added namely,-- "(11) Whose
appeal in conviction in Higher Court or any other cases filed against them
either by Central Government or any of the State Governments in any of the
Courts are pending and for which bail is not granted to him/her by the related
Courts; (12) Who doesn't have
sound mental health as per his medical report unless the psychiatrist
recommends his release; (13) Who is sentenced
for offences such as dacoity, terrorist crimes, mutiny against state,
kidnapping for ransom, smuggling of narcotic or psychotropic substances, rape
or rape with murder; (14) Who is sentenced
for life imprisonment till death; (15) Who is involved
in serious prison crime such as assault, outbreak of riot, mutiny or escape,
instigating violation of prison discipline; (16) Who in the
opinion of police/prison authorities are likely to jump furlough; (17) Whose immediate
presence in society may be dangerous and may disturb public peace; (18) Those involved
in sexual offences against minor and human trafficking. ". In Rule 11 of the Principal Rules, for the
words and figures "with fine which may extend to Rs. 1,000 or with
both" the words and figures "with fine which may extend to Rs. 20,000
or with both" shall be substituted. For the Rule 19 of the Principal Rule,
following rules shall be substituted, namely "19. When a prisoner
may be released on parole: (1)
Emergency
Parole. (A)
All
convicted prisoners may be eligible for emergency parole for following
reasons-- (a)
Death
of parental grandfather or
grandmother/father/mother/spouse/son/daughter/brother/sister; (b)
Serious
illness of father/mother/spouse/son/daughter; (c)
Marriage
of son/daughter/brother/sister. (B)
(a)
Emergency Parole may be granted for the maximum period of seven days at a time
on confirmation of emergency situation. (b) No extension can be granted to emergency
parole. (2)
Regular
Parole. All prisoners eligible for furlough shall be eligible for regular
parole. (A)
In
case of Regular Parole: (a)
When
average sentence of prisoner is not exceeding 5 years, (i)
Prisoner
may be considered for first release on regular parole after completion of one
year of imprisonment counted from the date of admission to prison under
convicted crime; (ii)
Prisoner
shall be eligible for subsequent release on regular parole after completion of
six months of actual imprisonment to be counted from his last return either
from furlough or regular parole; (iii)
Prisoner
shall be eligible for maximum of 45 days of parole in a year which can be
extended up 60 days once in three years only under exceptional circumstances. (B)
When
average sentence of prisoner exceeds 5 years but not more than 14 years, (i)
Prisoner
may be considered for first release on regular parole after completion of two
years of imprisonment counted from the date of admission to prison under
convicted crime; (ii)
Prisoner
shall be eligible for next release on regular parole after completion of one
year of actual imprisonment and subsequent releases then onwards after
completion of six months of actual imprisonment to be counted from his last
return every time either from furlough or regular parole; (iii)
Prisoner
shall be eligible for maximum of 45 days of parole in a year which can be
extended up 60 days, once in a period of three years only under exceptional
circumstances. (C)
When
prisoner is sentenced to life or whose average sentence exceeds 14 years, (i)
Prisoner
may be considered for first release on regular parole after completion of three
years of imprisonment counted from the date of admission to prison under
convicted crime; (ii)
Prisoner
shall be eligible for next release on regular parole after completion of one
year of actual imprisonment and subsequent releases then onwards after
completion of six months of actual imprisonment to be counted from his last
return every time either from furlough or regular parole; (iii)
Prisoner
shall be eligible for maximum of 45 days of parole in a year which can be
extended up 60 days once in three years only under exceptional circumstances. For the Rule 20 of the Principal Rule,
following rule shall be substituted, namely " Parole is not an incentive and thus
shall not be counted towards the remission of the sentence. " In Rule- 24A, After the words "as may be
specified by the competent authority" following portion shall be inserted,
namely "and also upon the prisoner making a
refundable deposit of adequate amount (not less than Rs. 15,000) and execute a
surety bond, with at least two sureties from following categories, namely (i)
Central
or State Government employee; (ii)
Elected
Local representative; (iii)
Family
members having good antecedents; or (iv)
Friends
and relatives having good antecedents. (v)
The
amount of deposit shall be forfeited if the prisoner jumps parole."MAHARASHTRA PRISONS (MUMBAI
FURLOUGH AND PAROLE) (AMENDMENT) RULES, 2016
PREAMBLE