In exercise of the
powers Conferred by clauses (5) and (28) of section 59 of the Prisons Act (IX
of 1894), in its application to the State of Maharashtra, and of all other powers
enabling it in that behalf, the Government of Maharashtra hereby makes the
following rules further to amend the Maharashtra Prisons (Mumbai Furlough and
Parole) Rules, 1959, namely: The rules may be called the Maharashtra
Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2020. In sub-rule -(1) of rule 19 of the
Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959, after clause (B)
the following clause shall be added, namely :-- "(C) On
declaration of epidemic under the Epidemic Diseases Act, 1897, by State
Government: (i)
For
convicted Prisoners whose maximum punishment is 7 years or less, on their
application shall be favorably considered for release on emergency parole by
the Superintendent of Prison for a period of 45 days or till such time that the
State Government withdraws the Notification issued under the Epidemics Diseases
Act, 1897, whichever is earlier. The initial period of 45 days shall stand
extended periodically in blocks of 30 days each, till such time that the said
Notification is in force (in the event the said Notification is not issued
within the first 45 days). The convicted prisoners shall report to the
concerned police station within whose jurisdiction they are residing, once in
every 30 days. (ii)
For
convicted prisoners whose maximum sentence is above 7 years shall on their
application be appropriately considered for release on emergency parole by
Superintendent of Prison, if the convict has returned to prison on time on last
2 releases (whether on parole or furlough), for the period of 45 days or till
such time that the State Government withdraws the Notification issued under the
Epidemics Diseases Act, 1897, whichever is earlier. The initial period of 45
days shall stand extended periodically in blocks of 30 days each, till such
time that the said Notification is in force (in the event the said Notification
is not issued within the first 45 days). The convicted prisoners shall report
to the concerned police station within whose jurisdiction they are residing,
once in every 30 days : Provided that the aforesaid directions shall
not apply to convicted prisoners convicted for serious economic offences or
bank scams or offences under Special Acts (other than IPC) like MCOC, PMLA,
MPID, NDPS, UAPA etc. (which provide for additional restrictions on grant of
bail in addition to those under the Code of Criminal Procedure, 1973 (2 of
1974) and also presently to foreign nationals and prisoners having their place
of residence out of the State of Maharashtra.MAHARASHTRA PRISONS (MUMBAI FURLOUGH AND
PAROLE) (AMENDMENT) RULES, 2020
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