Prisons (Bombay Furlough And Parole) Rules, 1959

PREAMBLE

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 Bombay, the Government of Bombay hereby makes the following rules, namely:-

Rule - 1. Short title and extent.

(1)     These rules may be called the Prisons (Bombay furlough and parole) Rules 1959.

(2)     They extend to the whole of the State of Bombay.

Rules Regulating the Grant of Furlough.

Rule - 2. [Sanctioning and Appellate Authority.

(a)      The Deputy Inspector General of Prisons (hereinafter referred to as "the Sanctioning Authority") shall subject to these rules be competent to grant Furlough to convicted prisoners.

(b)      If an application of release on furlough is refused by the Sanctioning Authority, an appeal shall lie to the Inspector General of Prisons.

(c)      The convicted prisoner may against the order of Sanctioning Authority make an appeal to the Inspector General of Prisons within thirty days from the receipt of refusing order:

Provided that, the Appellate Authority may, admit the appeal after the expiry of the period of thirty days, if he is satisfied that the appellant was prevented from sufficient cause from filing the appeal in time.

(d)      The decision of the Appellate Authority shall be final.][1]

Rule - 3. When Prisoner may be granted furlough.

(1)     A Prisoner, who is sentenced to imprisonment for a period exceeding one year but not exceeding five years, may be released on furlough for a period of two weeks at a time for every year of actual imprisonment undergone.

(2)     A Prisoner, who is sentenced to imprisonment for a period exceeding five years may be released on furlough for a period of two weeks at a time for every two years of actual imprisonment undergone:

Provided that a prisoner sentenced to imprisonment for more than five years but not to imprisonment for life may be released on furlough every year instead of every two years during the last five years of his unexpired period of sentence:

Provided farther that a prisoner sentenced to life imprisonment may be released on furlough every year instead of every two years after he completes seven years actual imprisonment.

Note 1.-The period of imprisonment in this rule includes the sentence or sentences awarded in lieu of fine in case the amount of fine is not paid.

Provided that if fine is paid during the period of imprisonment and the total sentence thereby reduced to a term not exceeding 5 years he shall thereafter be eligible for release every year in accordance with sub-rule (1) instead of every two years under sub-rule (2).

Note 2.-For the purposes of this rule, the period of imprisonment shall be computed as the total period for which a prisoner is sentenced even though one or more sentences be concurrent.

Note 3.-If at any time a prisoner who could have been granted furlough is either not granted or is refused the same the period for which he could have been granted the furlough shall not be carried forward but shall lapse.

Note 4.-The period of two weeks may be initially extended up to three weeks in the case of prisoners desiring to spend the furlough outside the State of Bombay.

Note 5.-An order sanctioning the release of a prisoner on furlough shall cease to be valid if not given effect to within a period of two months of the date thereof.

Rule - 4. When prisoners shall not be granted furlough.

The following categories of prisoners shall not be considered for release on furlough:-

(1)     Habitual prisoners.

(2)     Prisoners convicted of offenses under sections 392 to 402 (both inclusive) of the Indian Penal Code.

(3)     Prisoners convicted of offence under the Bombay Prohibition Act, 1949.

(4)     Prisoners whose release is not recommended in Greater Bombay by the Commissioner of Police and elsewhere, by the District Magistrate on the ground of public peace and tranquility.

(5)     Prisoners who, in the opinion of the Superintendent of the prison show a tendency towards crime.

(6)     Prisoners whose conduct is in the opinion of the Superintendent of the Prison, not satisfactory enough.

(7)     Prisoners confined in the Ratnagiri Special Prison [2][other than prisoners transferred to that prison for jail services.]

(8)     Prisoners convicted of offences of violence against person or property committed for political motives, unless the prior consent of the State Government to such release is obtained.

(9)     A prisoner or class of prisoners in whose case the State Government has directed that the prisoner shall not be released or that the case should be referred to it for orders.

(10)   Prisoners who have at any time escaped or attempted to escape from lawful custody or have defaulted in any way in surrendering themselves at the appropriate time after release on parole or furlough.

[3][(11) Prisoners whose presence is considered dangerous or otherwise prejudicial to public peace and order by the District Magistrate and Superintendent of Police;

(12) Prisoners who are considered dangerous or have been involved in serious prison violence like assault, outbreak, riot, mutiny or escape, or who have been found to be instigating the serious violation of prison discipline;

(13) Prisoners convicted for offence such as dacoity, terrorist crimes, kidnapping, smuggling including those convicted under the Narcotic Drugs and Psychotropic Substance Act, 1985(61 of 1985) and foreigner prisoners;

(14) Prisoners convicted for failure to give surety for maintaining peace or good behaviour;

(15) Prisoners suffering from mental illness, if not certified by the Medical Officer to have recovered;

(16) Prisoners whose work and conduct have not been good during the preceding period of 12 months;

(17) 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;

(18) Prisoners whose release on leave is likely to have repercussions elsewhere in the country;

(19) Prisoners whose release on leave is likely to have repercussions during the period of code of conduct of local self Government, Legislature and Parliament elections.]

Rule - 5. Furlough not to be granted after return from parole.

Ordinarily furlough shall not be granted to a prisoner within a period of six months from the date of his return from parole.

Rule - 6. Furlough not to be granted without surety.

A prisoner shall not be granted furlough unless he has a relative willing to receive him while on furlough and ready to enter into a surety bond in Form A appended to these rules for such amount as may be fixed by the Sanctioning Authority.

[4][Provided that the Sanctioning Authority may dispense with the requirement of execution of such bond by relatives of prisoners confined in Open Prisons as defined in clause (b) of rule 2 of the Maharashtra Open Prisons Rules, 1971].

Rule - 7. Prisoners to give personal bond before release on furlough.

Every prisoner desirous of release on furlough shall be required to give personal bond of the required amount in Form B appended to these rules.

Rule - 8. How applications for grant of furlough should be dealt with.

(1)     Two months before a prisoner becomes eligible to be considered for release on furlough, the Superintendent of Prison shall inform the prisoner accordingly. If the prisoner desires to be considered for such release he shall make an application (in duplicate) to the [5][Deputy Inspector General of Prisons] through the Superintendent of Prison stating clearly the name and full address of the place where he desires to spend the furlough, the full name of the relative willing to receive him on furlough and prepared to execute the surety bond, and shall also state whether he is in a position to bear the expenses of the journey both ways or either way and, if not the amount of expenses that may be required by him for such journey.

(2)     On receipt of the application under sub-rule (1), the Superintendent of prison shall, unless the prisoner is Prima facie not entitled to release on furlough, [6][forward it within six days] to the District Magistrate concerned through the District Superintendent of Police of that District or to the [7][concern Commissioner of Police,] as the case may be, with such remarks as he deems fit. A copy of this communication together with the prisoner's Nominal Roll shall be endorsed by the Superintendent of prison to the [8][Deputy Inspector General of Prisons], and such endorsement shall inter alia state

(a)      the amount of money the prisoner has to his credit including the amount he may have earned in prison,

(b)      the amount of money required for the journey both ways,

(c)      the amount of security the Superintendent considers proper,

(d)      the name of the village taluka and district and the State in which the prisoner proposes to spend his furlough,

(e)      the name of the District from which he hails,

(f)       the name of the District in which he was convicted.

The District Magistrate or the Commissioner of Police, Greater Bombay, as the case may be, should be requested to furnish, along with his opinion, the following information regarding the relatives of the prisoner with whom he intends to stay while on furlough:

(a)      Their relationship with the prisoner concerned.

(b)      Whether such relatives are willing to keep the prisoner while on furlough.

(c)      Whether they (viz., relatives) are willing to enter into surety bond.

[9][(3) The District Magistrate or the Commissioner of Police, as the case may be, shall thereafter forward the application within two days to the Deputy Inspector General of Prisons together with his recommendations.]

(4)   The District Superintendent of Police shall, before forwarding the application to the District Magistrate concerned and the [10][concern Commissioner of Police] shall, before forwarding the application to the [11][Deputy Inspector General of prisons], cause inquiries to be made regarding the prisoner's statement, if any, that he is not able to bear the expenses of the journey both ways or either way, as the case may be, and make recommendations accordingly.

(5)   If furlough is not recommended, adequate reasons therefor shall be given.

(6)   If on receipt of the application together with recommendations under sub-rule (3), the Sanctioning Authority considers [12][within seventeen days] that furlough be granted, it shall make an order for the release of the prisoner on furlough on such conditions as may be specified in the order.

Rule - 9. Fresh application for furlough.

A prisoner may, if he so desires make a fresh application for furlough six months after the rejection of his previous application.

Rule - 10. Conditions of release.

The Sanctioning Authority shall grant furlough to a prisoner subject to his executing a personal bond or giving cash security in Form C appended to these rules and also subject to a surety executing a bond, in Form A appended to these rules, if so required. The release may further be subject to all or any of the following conditions:

(1)     that the said prisoner shall reside at Taluka..........in the ...... District/Greater Bombay during the period of release on furlough and shall not go beyond the limits of the said District/Greater Bombay without the permission of the District Magistrate,......../Commissioner of Police, Greater Bombay, or such Officer as the said District Magistrate/Commissioner of Police may appoint in this behalf;

(2)     that the said prisoner shall be of good behavior and shall not commit any offence punishable by or under any law in force in India,

(3)     that the said prisoner shall not associate with bad characters or lead a dissolute life,

(4)     that the said prisoner shall, in case he proposes to change his religion during the period of furlough, give a minimum of seven days prior intimation to the said District Magistrate/Commissioner of Police as also the Superintendent of the Prison from which he has been released, about such intention, and he shall also furnish them with information regarding the new religion and the new name, if any, which he proposes to adopt.

(5)     that the said prisoner will surrender himself to the Superintendent of the Prison from which he was released on the expiry of the period of furlough.

[13](6)   that the said prisoner will report once a day to the officer in charge (-) police station during the period of furlough,

or

that the said prisoner shall, immediately on arrival at the place mentioned in (1) above report at the police Station nearest to the said place, and thereafter

Rule - 11. Declaration before release.

Before releasing a prisoner on furlough, a declaration as under shall be taken from him on the release order itself:

"I hereby accept and agree to abide by the above 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 portions of them I am liable to be punished, on conviction, with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 1000, or with both, under section 51-B or the Prisons Act, 1894, as applicable to the State of Bombay."

Rule - 12. Prisoner ordinarily to bear journey expenses.

When a prisoner is released on furlough, the cost of his journey both ways shall be borne by the prisoner concerned:

Provided that, if in the opinion of the Sanctioning Authority, the prisoner is not able to bear the expenses of journey both ways or either way, as the case may be, the Sanctioning Authority may direct that the whole or any portion of such expenses be borne by the State Government.

Rule - 13. Extension of the period of furlough.

Notwithstanding anything contained in the foregoing rules, the Sanctioning Authority may, on the application of a prisoner or otherwise, by an order in writing extend the period of furlough. [14][The Sanctioning authority may determine the extension of furlough leave shall be granted for only 14 days only once in a calendar year and no further extension shall be granted to prisoner on same conditions.]

Rule - 14. Intimation of release and of non surrender of prisoner.

(1)     When every any prisoner is released on furlough an intimation of his release on furlough shall forthwith be given by the Superintendent of prison:

(i)       to the [15][Deputy Inspector General of Prisons],

(ii)      to the District Magistrate and the District Superintendent of Police of the District in which the prisoner intends or agreed to spend his furlough and if the prisoner intends or agreed to spend his furlough in [16][Commissionerate areas, to the concern Commissioner of Police].

(iii)     to the District Magistrate and the District Superintendent of Police of the District in which the prisoner was convicted and if the prisoner was convicted in [17][Commissionerate areas, to the concern Commissioner of Police].,

(iv)    if the prisoner belongs to this State, to the District Magistrate and the District Superintendent of Police of the District from which the prisoner hails and if the prisoner hails from [18][Commissionerate areas, to the concern Commissioner of Police].

(2)     Where a prisoner does not surrender himself to the prison authorities after the expiry of the period of furlough, the Sanctioning Authority may if it is satisfied that any of the conditions on which the furlough was granted has not been fulfilled, cancel its order granting such furlough. An intimation regarding such cancellation shall forthwith be given by the Superintendent of Prison to the Officers specified in clauses (ii), (iii) and (iv) of sub-rule (1). Upon such intimation, the police authorities may arrest the prisoner, if at large, and remand him to undergo the unexpired portion of his sentence.

Rule - 15. Release order inoperative on a prisoner's surrender to the prison authorities.

As soon as a prisoner released on furlough surrenders himself to the prison authorities, his order of release shall become inoperative. Where, therefore, a prisoner who is released on furlough has applied for the extension of the period of furlough and before his application has been sanctioned surrenders himself to the prison authorities he shall not be released after such surrender without obtaining a fresh order from the Sanctioning Authority.

Rule - 16. [Furlough to be counted as remission of sentence.

The furlough period of two weeks and extended furlough of 14 days shall be counted as a remission of sentence.][19]

Rule - 17. No legal right to furlough.

Nothing in these rules shall be construed as conferring a legal right on a prisoner to claim release on furlough.

Rules regarding the grant of parole

Rule - 18. [[Authorities competent to sanction parole

(1)     The authority competent to sanction release of a convicted prisoner on parole (herein-after referred to as "the Competent Authority") shall be as follows' namely:

(i)       The State Government in the following cases:

(a)      Prisoners convinced by Courts situated outside the State of Maharashtra;

(b)      Prisoners convicted by Courts situated within the State of Maharashtra, but confined in Prisons situated outside the State;

(c)      Prisoners convicted of political offences;

(d)      any other case or class of cases wherein the State Government has directed that the case of the specified class of cases should be referred to it for orders; and

[20][(ii) The Commissioner of the Division, in all other cases in a Division, in which the convicted prisoner is confined, or when the Divisional Commissioner is out of headquarters, the Additional Divisional Commissioner:

Provided that if an application for release on parole or for an extension of the period of parole is refused by the Divisional Commissioner or the Additional Divisional Commissioner, as the case may be, an appeal shall lie to the State Government, whose decision thereon shall be final.]

(2)     Notwithstanding anything contained in sub-rule (1), the Superintendent of Prison shall also be the Competent Authority to release a convicted prisoner on parole for a period not exceeding fifteen days, in case of death of his close relation i.e. father, mother, brother, sister, spouse or child of the prisoner.]][21]

Rule - 19. [When a prisoner may be released on parole.

A prisoner will be released on parole for such period not exceeding thirty days at a time as the Competent Authority referred to in rule 18 in its discretion may order, in case of serious illness or death of nearest relative such as father, mother, brother, sister, spouse, children or marriage of brother, sister and children of prisoner or pregnant woman prisoner for delivery (except high security risk prisoner) or in case of natural calamity such as house collapse, floods, fire, earthquake. No such parole or extension of parole shall be granted without obtaining a police report in all cases except in the case of death of his nearest relatives mentioned above:

Provided that, a prisoner shall not be released on parole for the period of one year after the expiry of his last parole except in case of death of his nearest relative mentioned above.][22]

Rule - 20. Parole not to be counted as remission of sentence.

The period spent on parole shall not count as remission of the sentence.

Rule - 21. Application for grant of parole.

A prisoner may be granted parole either on his own application or on an application made by his relatives or friends, or legal adviser.

Rule - 22. Applications for parole how to be dealt with.

(1)     Any prisoner desiring to be released on parole shall ordinarily submit his application (in triplicate) in Form D appended to these rules to Superintendent of Prison who shall endorse his remarks thereon and submit one copy direct to the Competent Authority [23][within six days] along with the nominal roll of the prisoner and the other to the District Superintendent of Police of the District in which the prisoner proposes to spend his parole period and to the [24][the concern Commissioner of Police if such place is in Commissionerate areas].

Note-Prisoners who apply for parole on false grounds or who abuse the concession or commit breach of any of the conditions of parole are liable to be punished under section 51-B of the Prisons Act, 1894, as applicable to the State of Bombay.

(2)     The District Superintendent of Police concerned or the [25][Commissioner of Police concerned], as the case may be, shall immediately make enquiries to ascertain whether the ground or grounds on which parole is applied for is or are genuine and [26][submit within twenty two days] his report to the Competent Authority mentioning inter alia whether it recommends the grant of parole and also whether there is a likelihood of breach of peace if the prisoner is released on parole.

Rule - 23. Enquiries may be made on receipt of application.

On receipt of an application for parole, the Competent Authority may make such enquiries as it considers necessary and pass such orders as it considers fit. If Competent Authority considers that there is no objection to release the prisoner concerned on parole it shall make an order for his release on parole [27][within seventeen days].

Rule - 24. Conditions subject to which prisoners may be granted parole

The Competent Authority my grant parole to a prisoner subject to his executing a surety bond and a personal bond in Forms A and B respectively 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 Competent Authority:

Provided that when prisoners convicted of serious offences are released on parole, a condition shall be included in the parole order directing or requiring the prisoner to report at the Police Station nearest to the place where he intends to spend his parole initially on his reaching such place and thereafter once or twice a week at such intervals as may be considered expedient:

Provided further that when a prisoner applies for parole for the purpose of appearing at an examination he will not be eligible to be released on parole unless the Inspector General of Prisons has passed as order permitting him to appear at such examination.

Rule - 25. [Extension of the period of parole.

The Competent Authority may, on the application made by the prisoner or by his relatives or friends, or legal advisor one week in advance, before the expiry of the period of parole granted, by an order in writing, extend the period of parole for such further period or periods as may be specified in such order, on the same grounds, and on the same conditions on which the prisoner was originally granted parole, or on such other conditions as the Competent Authority may determine:

Provided that the total period of parole so extended shall not exceed ninety days.][28]

Rule - 26. Parole order ineffective on prisoner's surrender:

As soon as a prisoner released on parole surrenders to the Prison Authority his original order of release will be inoperative. Where, therefore, a prisoner who is released on parole has applied for the extension of the period of parole and before his application has been sanctioned surrenders himself to the Prison authority, he shall not be released after such surrender without obtaining a fresh release order passed by the Competent Authority.

Rule - 27. Intimation of release and of non-surrender of a prisoner.

(1)     When ever any prisoner is released on parole, an intimation of his release on parole shall forthwith be given by the Superintendent of Prison to the authority which granted him parole and copies thereof shall also be sent

(i)       to the Inspector General of Prisons,

(ii)      to the District Magistrate and the District Superintendent of Police of the District in which the prisoner intends so spend his parole and if the prisoner intends to spend his parole in Greater Bombay to the Commissioner of Police.

(2)     Where a prisoner dose not surrender himself to the prison authorities after the expiry of the period of parole, the Competent Authority may, if it is satisfied that any of the conditions on which the parole was granted has not been fulfilled cancel its order granting such parole. An intimation regarding such cancellation shall forthwith be given by the Superintendent of Prison to the officers specified in clause (ii) of sub-rule (1). Upon such intimation the police authorities may arrest the prisoner, if at large, and remand him to undergo the unexpired portion of his sentence.

Rule - 28. Application of certain rule to parole cases.

The provisions of rule 8(5), 10, 11 and 12 shall mutatis mutandis apply in the case of release of prisoners on parole.

Miscellaneous.

Rule - 29. [Form of order of release on Furlough or parole.

Every order of release on furlough or parole shall,

(a)      if it is made by the State Government under clause (i) of sub-rule (1) of rule 18, or the Commissioner of the Division or the Additional Divisional Commissioner under clause (ii) of sub-rule(1) of rule 18 shall be made, in Form 'E'.

(b)      if it is made by the State Government in appeal against the order made by the Commissioner of the Division or the Additional Divisional Commissioner under clause (ii) of rule 18 shall be made in Form 'F'.][29]

Rule - 30. Forms in general.

The Forms appended to these rule, with such variations as the circumstances of each case requires, may be used for the respective purposes therein mentioned, and if used, shall be sufficient.

Rule - 31. Reference to "District Magistrate" to be construed as reference to Collector and Additional District Magistrate.

References to "District magistrate" in these rule shall be construed in relation to the Hyderabad area of the State of Bombay, as references to the Collector and Additional District Magistrate.

Rule - 32. Repeal.

The following rules and orders (including the forms referred to therein), that is to say,

(i)       rule, 1500, 1500-A, 1500-B, 1500-C, 1501, 1502, 1503, 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 1513 and 1514 contained in the Bombay Jail Manual, 1955;

(ii)      rule 757, 758, 759, 760, 761, 762, 763, 764 and 765 of the Hyderabad Prisons Rules, 1955;

(iii)     all rules and orders made by the Governments of the pre-Reorganisation State of Saurashtra, Madhya Pradesh and Kutch in the matter of grant of furlough or parole and in force in the Saurashtra area, Vidarbha region and Kutch area of the State of Bombay, immediately before the Commencement of these rule, are hereby repealed:

Provided that such repeal shall not affect any furlough or parole granted under the rules or orders so repealed or the conditions on or subject to which such furlough or parole was granted, unless and until superseded or modified under the Act or these rule.