.- .· ..

···-

THE PRISONS
(BOMBAY FURLOUGH AND PAROLr)
RULES) 1959. ·
(APPLICABLE TO
MAHARASHIJU AND GUJARAT)

[WITH SHORT NOTES AND CJJ{CULARSJ

: ·;
t.·.:
l

-By-
U. P. Deopujari, Adv
L/18, Yeshwant Nagar,
Nagpur- 440 010.

"·
. --... .;. ~opanm.n~
Government of Gujarat
Gandhinagar.

-Publisher And Distributor-

. · Nagpur Law House,
182, Nandanvan Layout,
Main Road, Nagpur- 440 009 .

.'. I
 THE PRISONS
(BOMBAY FURLOUGH AND PAROI~E)
r, .:
RULES) 1959.
(APPLICABLE TO
MAHARASHTRAAND GUJARAT)

[WITH SHORT NOTES AND CIRCULARS}

Under Secretary
Home Department
Government of Gujarat
Gandhlnagar.
. ........ .

,_

'~:~.~:· ~ .i
.. >

The Prisons (Bombay Furlough. And Parole)

Rules, 1959.
(Applicable to Maharashtra and Gujarat)
Contents
Rules :-
1. Short title and extent.
\. Rules regulating the grant of furlough
2. Sanctioning Authority.
3. Whe1_1 prisoner may be granted furlough. . ....
4. When· pri-soners shall not be granted ft.i~l~·ugh.
5. Furlough not to be granted after return from parole.
6.. Furlough not to be granted without surety.
7. Prisoners to give personal bond before release on furlough.
8. How qpplications for grant of furlough sh<.:>Uld be dealt with.
9. Fresh applic~tion for furlough.
10. Conditions of release.
11. l)eclaration before release.
12. Prisoner ordinarily to bear journey expenses.
0

\ 13.
14.
Extension of period of furlough.
Intimation of release and non-surrender of prisoner.
IS. Release order inoperative on a prisoner's surrender to the
prison authorities.
16. Furlough to be counted as remission of sentence.
17. No legal right to furlough.
Rules regarding the grant of parol&
· 18. Authorities competent to sanction parole.
19. When a prisoner may be released on parole.
1-
20. Parole not to be counted as remission of sentence.
21. Application for grant of parole.

I
!'

. :•
 22. Applications for parole how to he dealt with.
23. Enquiries may he made on receipt of application.
24. Conditions subject to which prisoners may he granted parol~.
...
_

25. . Extension of the period of parole. -·

26. Parole order ineffective on prisoner's surrender.
27. Intimation of release and of non- surrender of a prisoner.
28. Application of certain rules to parole. cases.
Miscellaneous
29. F.q~m.of_ord.er
. .. . of...
release on furlough or parole.
'\

.· .·
I
30 . Forms in general.
31. Reference to "District Magistrate" to he construed <1.:->
reference to the Collector and Additional District
Magistrate.
32. Repeal.
For·m A- Surety Bond.
Form B- Personal Bond.
·'·
Form C- Bond giving a cash Security.
For·m D ~Form of applic;ution for release on parole.
FormE- Form of order of release on furlough/ parole.
Form F- Form of order of r.elease on furlough/ parole
(In appeul to State Government)

·.
l -
hnportant Circulars

* Index ·
* Table of cases
* Abbreviations
 /

The Prisons ( Bombay Furlough A·nd Parole)

Rules, 1959.
(Applicable to Maharashtra and Gujarat)

Pri~ons Act. IM94

; ;; i]~ :·
No. MIS 5157/ 74036 (XXIV) - IV.- In exercise of the power~
confen·ed by clauses (5) and (2H) of section 59 of the Prisons Ac;,
ri.i.if:f: ;;.
\ IH94 (IX of 1894) in its application to the State of Bombay, the
Government of Bombay hereby mitkes the following rules, n:..~mcly
I. Short title and extent :-
(1) These rules niay be caHed-tJu~ Prisons (Bomb<.Jy-fu.dc.mg1r~·mc.f
parole) Rules 1959.
(2) They.extend to the whole of the Swte of Bombay.
Shm·t Notes
The Prisons (Bombay furlough and parole) Ruk:s, Jl)51.J. arc framed
by the State Government by virtue of powers conferred on it by sectir>n 5l)
(5) of the Prisons Act. 1H94. The expression "furlough system" i:-; ddined
in Clause (SA) of section 3 of the Prisons Act while the expression "Parole
I system" is defined in Clause (5B) or the said Act. The detailed Provisions
relating furlough and parole arc contained in the rules framed under the
Act.
Aims und Objects - The. aims and objects of the said rules relating
to parole and furlough arc discussed by the Full Bench of the Gujarat High
Court in case of *Bhikahlwi -V.\·- Stale of Gujarat & othe1:v. The Full Bench
has referred the report of submitted by the All India Jail Manual Committee
and also the objects mentioned in the Model Prison Manual.
These objects are :
"(i) to enable the inmate to maintain wntinuity with his Jamily life <111d
deal with the family maiLers;
(ii) to save the inmate from the evil effects of continuous prison lik:
(iii) to enable the inmate to maintain constructive hope aml active
interest in the life."
It is further stated in para 13 or the said judgement that the pamlc
and furlough rules arc part or penal am.l prison system with a vi~w to

I ·-------· --··· ---

-· . - -. ·- ..: .
 The Prisuns ( Uomhuy Furlough i\nd Pnrole) f{ulc.-.. 1959

humanise the prisoi1 system. These rules enable the prisoners to obtain hi:
rdeasc and to return to the outside world for a short prescribed period
(* A I R 1987 Guj 136 - FB = 1987 Cri L J 1932 = 1987 Cri L R (Mrh.
151 = 1987 (2) G L R 1178 = (1987)' 1 G L H 139) -
The above Full Bench judgement is considered by the Division Bend
·of lhe Gujarat High Court in case or + 1shwarsinlt -Vs- Scate of Gujn}o
and lhe observations of the Full Bench relating to the aims and objects c
the rules are reproduced by the Division Bench in Para 2 of the Judgemcn·
(+ 1990 (2) G L R 1365- DB)
The Full Bench -decision is also noted by the Division Bench of th
Bombay High Court in case of * Prahlad D Gajbhiye -Vs- State! c
Maharashtra. and it is said in para 5 o·r the judgement that ttic princip.
obj~ct of grant of furlough is to enable the prisoner to have family associatic
.... and to avoid ill - effects of toritinuous ·prison life .. In other words, a prison'
is accorded social interaction, man being a social animal. Social life is hroug·
into existence periodically for a prisoner by providing furlough. (* 1994_ M(
L J 1584- DB = 1994 Cri L J 2555)
It is proper to note the observations of the Apex Court relat-ing
history and purpose of release of detenus on parole. The Apex Court h
said that-
~

" The grant of parole is essentially an executive function and instant

of release of detenus on parole were literally unknown until this Court a
some of the High Courts in India in recent years made orders of rcle~
on parole on humanitarian considerations.· Historically Parole' is a concc
known to military law and denotes release o:
prisoner of a war on prom
to return . . . . . . . . . . . .
It is .a provisional release from confinement but is deemed to be ~
of the imprisonment. Release ori parole is a wing of the rek•imalive proc
and is expected to provide opportunity to the prisoner to transform him:
'.
·~ ' . into a useful citizen. Parole is thus a gr.ant of partial liberty or
lessen ·
·; uf restrictions tO' a convict prisoner, but release on parole does not cha
the status of the prisoner." [Para 8] ·
It· is important for the readers to note all the observations in thi!<> p
(Poonam Lata -Vs- M L Wadhawan, (1987) 3 S C C 347 = 1987 S c
(Cri) 506 = A -1 R 1987 S C 1383 = 1987 Cri L J 1130) I (Affi~met
Pushpadevi -Vs- M L Wadhawan, (1987) 3 S C C 367 = 1987 S C C (
526 =A I R 1987 S C 1748 = 1987 Cri L J 1888.)
V Distin~tion between parole and fur!ough - The furl~mgh and tlfe P<l
have two different purposes. Furlough IS a matter of nght whereas ~J~
.."f' ..

,_, __
 l{ul~! Z - Snnctlonlng Authority. 5

cannot be claimed as a maller of right. JL is not ncccss<~ry to state the reasons

while releasing the prisoner on furlough but H prisoner can be released on.
parole for the reason:i stated in rule 19. However it is necessary to note
that even release on furlough cannot be said to be an absolute right of
prisoner. It is subject to the conditions mentioned in rule 4. (Refer abo11e
t_wo judgements In case of Ishwnrsinh -Vs- State of Gujarat and Prahlad D
Gajbhiye -Vs- State of MaharaJIUra.)
"; !;·:.
t;~'~t+ ;',. In case of *Bhikabhai -V.\'- State of Gujarat, the full Bench has also
noted the different purposes of the furlough and parole. It is !}aid in para
34 of the judgement that -

' ''It is to be noted that furlough and parole have two dif(crcnt purposes.
Furlough is matter of right parole is not so. Furlough is to be gnmtcd pe-
riodically under rule 3 irrespective or any particular reason mereLy with a
view to enabie the prisoner to have family and soGiaJ. ~i<;s and to avoid ill
effects of continues prison life, and period of furlough is treated as remission
or sentence. Since furlough is to be granted l:Or no particular reason, it can
be denied in the interest of society; where as parole is to be granted only
on sufficient cause (R. ~9) such as cases of seve_rc illness or death of any
member of prisoner's family or of his ncar relative or for other sufficient
' ;;- ~
cause . . . . . . . . . . ....... .

~;~r
Therefore, comparison of release on parole and furlough is absolutely
uncalled for . . . . . . "[l,arn 34] (:t:A I R 1987 Guj 136 - FB == 1987 Cri
L J 1932 = 1987 Cri L R (Mah) 151 =-1987 (2) G L R 1178 == (1987) 1
L , ,'
f''~ ~ '~' • G L H 139)
~~~f~~t~:; '~ v Rules Regulating The Grant of Furlough.

.\ 2. Sanctioning Authority.-
The ·Inspector General of Prisons or the Deputy Inspector
General of Prisons (Head quarters), when. the former is out of head:..
quarters (hereinafter referred to as the Sanctioning Authority") shall,
subject to these rules rules be competent to grant furlough to con-
victed prisoners as hereinafter mentioned.
;
Short Notes
;-.
The Insp~ctor- General of Prisons and the Deputy Inspector- General
of Prisons are the Sanctioning Authorities under the rule 2 for grant of fur-
lough to the prisoners.
The question was raised before the Division Bench of the Gujarat High
Court that " Is the I G of Prisons who is the Sanctioning Authority as

... - - · · · · ... -~--·· -· '"-- _,._

----~--------- . -· .. -··· ;::. '
- ~- . ' - .• - ~!, . --::::- •'
 ..;··
(,
The J•ri.'inrJ.o; ( Hom h11.'· Furlough And 1•umle 1 It u_h:s, I 'J59

prcst:nhed under lhe Rule~. required to consult lhc appropri<~lc.Governm<,·~l­

as rcferr:ed to in Sec 432 of the Code or Criminal Prot:edurc '!
It i~ held by the Hi~h umrt th_at the san~tioning authorities exen.•~il1}
power to grant furlough IS not reqUired to rder !he case Lo th~ appropna \i:.

~:~~~-~t,::
l
Government. be the Central Government or Stale Government. when U~t.::JL­
crcise power under the provisions of the Rules. (Rame.\h -V.,·- Staie o'b
Gujnrat, JCJHCJ (2) G L R 850 -DB)

3. When Prisoner may be granted furlough.-

~~y,!

. . (l) A Prisoner, who is sentenced to imprisonment for a pcriot:f.

V exceeding one year hut not exceelling five years, may b!...
released .on furlough for a period of two weeks at a time~
•. -~~~.ry yea.r of actual imprisonva~o! ~~~~q~on_e: .
\

(2) A Prisoner, who is sentenced to imprisonment for a periv&

..
.1 . excee_ding five years may be released on furlough ·for <:1
.f... , period of two weeks at a time for every tw_q years ·of ~1ctu~
': ,. V imprisonment undergone: · ~
.,.-:
Provided that a p_risoner sentenced to imprisonme-~~ f<rV
&i~:f~'j·:
• p • ~
more than five years but not to imprisonment for life rn"-'t
be released on furlough every year instead of every t'Wo
yeurs during the last five years of his unexpired peri oc(
of sentence:

Provided further that a prisoner sentenced to ltbe..

imprisonment may be released on furlough every yea-r
instead of every two years after he completes seven yeoi'S.
actual imprisonment.

Note 1.- The period of imprisonment in this rule includes \W_

sentence or sentences awarded in lieu of fine in case -fW.
amount of fine is not paid.
Provided that if fine is paid during the period d\
imprisonment and the total sentence thereby_ rcdu·w
to a term not exceeding 5 years he shall thereaft~~ k_
eligible for release every year in accordance w'rt(,.,,
sub-rule (l) instead of every two years under ~i.rn-1''-.{(~Z..
(2).
 Hnle 3 • \VIu.·n l'ri~oner rnuy be ~trnntecl ('nrlou~-:h. 7
~ -. I .

~~h! ~'!17~1 Note 2.- For the purposes or·· this rule, the period of
imprisonment shall he cC>mputed as the total period for
I
' ·ising which a prisoner is sentenced even though one or more
• riatr: :-.entcnces he concurrent.
'·... ·, 'J l:X-
·{::,) }e of !'lotc 3.- If at any time a prisoner who could have heen granted
f1~.1:; l furlough is either not granted or is refused the same the
r. ~: ... i
-.; .· \, period for which he could have been granted the
furlough shall not he carried fonvard but shall lapse.
!~.:L~.
t~~··!_ :~ ~ ··t
·:~·· ··dod Noh! 4.- The period of two weeks may he initially extendec.lup to
· he three weeks in the case of prisoners desiring to spend
for the furlough outside the State of Bombay.

. . . . . . . .Note
. 5.- An order .~a.ncthm.i ng ,the .release of u prisoner on
furlough shall cease to be valid if not given effect to
within a period of two months of the date thereof.
Shm·t Notes
The provisions relating to release or prisoner on furlough an: wnt;1in~d
in rule 3. l11c swpc and nmhit or Rule 3 is considered by the Division Bench
or the Bombay High Court in case or + Pralt!ad D Gajblziye -1-·\- SWIL' of
Maharashtm. The question before the High court was ... _ ...
" Whether the actual imprisonment undergone provided in the said ~

provisimi. includes the imprisonment undergone as an under-trial J1riS1lllCI

or only imprisonment after conviction ?"
In short, the Division Bench has construed the meaning of the cxprc;-
siun " actual imprisonment undergone" as usclJ in sub-rules (1) ami (2) or
Rule J. It is specifically held that - •
"We thus hold that while computing actual imprisonment undergone
under rule 3 of the Furlough Rules, the detention I imprisonment undergone
as an under - trial prisoner has to be cnmputed after he is scntcm:cd to
suiTcr imprisonment and H prisoner l:annot be deprived of that pcriod or
detention which he has undergone as an under-trial prisoner for grant or
furlough after he has been sentenced to imprisonment and convicted." [Para
20]- (~ 1994 Mah L J 1584 = 1994 Cri L J 2555)

In case of *S/wrad Bhiku -V.\·- SLate of Maltarashtra, the Division Bench

ith of the Bombay High court etllowed the writ petition of a pri:mncr claiming
Ilc furlough during the pcnden~ of appeal in the Court of Jaw. After considering
the judgement in case -c)f Jayam V Shelly -V.\·- State of Maharaslrrra the
 8 The Prisons ( Uomhny FurlouJCh And t•aruleJ ltules. 19S'J
?-~;·.~ ..
Division Bench held that the above case docs not lay down a law that ~
i~;i~~··; ; !'
pri~oner whose appeal is pending in the Court is not entitled for furlough
(* 1990 (3) Bam C R 633 = 1991 Cri £ J 2109, # 1986 C1i L J 1~9&­
- 1986(1) Bom C R 311 = 1986 Mah L R 431)
The constitutional validity of Note 2 of rule 3 was challenged hdrm
the Division B~neh of the Gujarat High Court in case of fina Mohan
l
Vs- Stale of Gujaral, 1987 (2) G L R 955. It is observed hy the Divi!iio:
Bench that though it is necessary to keep in mind the object of parole an

t
.~ ~ ~ r.:
furlough rule while releasing the prisoner but at the same time the !iafct
~~;:lifii; ',. of prisoner as well as the discipline in prison arc also required to be mair
taincd. That is the reason why lhe gravity of offence and the period of scr
tence imposed upon are taken as rclevcnt criteria. By introducing th
:.pro:~is!on of Note 2 ip rule 3, the legislature has only introduc.:cd the relcvcr
criteria i.e. gravity of offence· (s)' cdmrnitted by prisoner. Such provision· c~n.
not be said to be -arbitrary. The validity of Note 2 is upheld by the Hi~
Court.
f: .
,...., ·r-..·
~--,.-~~,. ;~ ~:\ { 4. When prisoners shall not be granted furlough.-
J.r-~~-- .t-.. . .!( t . t'
t~i'. ~ ~: ;
... j The following categories of prisoners shall not be considered f,
release on furlough :-

.I (1)
(2)
Habitual prisoners.
Prisoners convicted of offenses under sections 392 to 4Dl..
(both inclusive)"ofthe Indian Penal Code.

r
~ ..
.\ (3) Prisoners convicted of
Prohibition Act, 1949.
offence under the Bomb

(4) Prisoners whose release is not recommended in Grea1

Bombay by the Commissioner of Police and elsewhere,
the District. Magistrate on the ground of pu~lic peace a
tranquillity.
:"'I
(5) Prisoners who, in the opinion of the Superintendent Qf 1
prison show a tendency towards crime.
(6) · Prisoners whose conduct is in the opxmon ·of
Superintendent of the Prison, not satisfactory enough.
_!. .

(7) Prisoners confined in the Ratnagiri Special Prison -t-[otJ

than prisoners transferred to that prison for jail services.]

I
~~~ '
S: ·r.

~;~(i~:.b ': i
~:-!.' .. (
- ·~ .. -' . -·

i~;i~r
.: ~;
Rule 4 • When prilmners ~hull not be ~-trnntcd furhnigh • 9

(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 ohtained.
! !298
(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 on furlough.
*[(11) Prisoners convicted of offences under the Narcotic Dn!gs
and Psychotropic Substance Act, 1985.]
+Inserted· by Mrrlln.n\shtrn vide Notificntion No: 'MIS-· SJ"57(7.·l0'·36 (XXIV} - IV dnted
13-10-1959.
•. j
..: .··. Inserted by Gujurnt vide Notiflcntion No. (;(;/73/90/.JLM - 9590 - 5139 -.J duted
9-8-1990.
Short Notes
The various categories of pris<'mers who shall not be en tilled for rclea~c
on furlough are mentioned in this ruled 4. It is mentioned in category ( 1)
that habitual prisoners are not entitled for release on furlough .
Validity of rule 4(2) :- In category (2), it is mentioned that the prisoner
convicted of the offences under seclion .392 to ·402 (both inclusive) of the
t" . • I P C are not entitled lo be released on furlough.
The vires of rule 4(2) was challenged before Lhe Division Bench of
Gujarat High Court in case of Juvansingh - State of Gujarat, /973 G L R
ater 104 and the Division Bench upheld the validity of said category. It is hc;:ld
that rule 4(2). is valid and intra vires and not vulnerable to the .charge of
'by being violative of Art. 14 of the Constitulion of India.
and
It was contended before the High Court that the prisoner convicted
for an offence under section 302 of I P C is entitled for the release on
the furlough but the prisoner convicted for an offence under sections 394 and
397 are not entitle to be released on furlough though an offence under sec-
tion 302 is of more serious nature. While answering the contention, the High
Court said that -
" A'i observecJ earlier, consideration of sympathy for him cannot be per-
her mitted to overshadow the consideration regarding the security of the sociely.
Similarly with regard to lesser offence of robbery, it would be extremely haz-
 ~~ :·: ~·.~ ._
::. ·i· :·
;r~~--!· ~1~ Ill Tlu.• l'risun." ( IJ111nhny FurlnnJ(h And l'nrulcl Hnles. 1959.
·i

<iruous to let Lhc..: pri:mnl!r loose bd"ore thL· expiry or the term of imprison-
ment. It would he huzctrdou:-. to do .so bel:ausc when on abandons honest
~.
~-
-
labour for the career of theft or intimidation coupled with violence (which
hrings easy money though Ht .some risk) it tends to become way or life and
.1::~·~t .' the temptation is too great tn resist when the prisoner is at large. The of-
fences nf robbery and dacoity. thcrdiJre. fall within a dass by themselves.
;,;· ..

" [Punt 9].

Thus it is held that the classification is based on the <.Iunger inherent
in releasing such prisoner ami as such has nexus with the object sought to
be Hchievcd. ·

The validity of order of non-rekase ur prisoner on furlougl.1 on the

II . ~ • . ~ 'i ; ground or provision of category (2) of ruk 4 also ldl before the Division·
~·1:~_;=~.-i~: Bench of the Bombay: High Court in case or Gorakh - V.:\·- Government of
.. Malwraslara, 191)3 Mah· ['J 1423. . .....

In this case, the prisoner was sentenced to undergo life imprisonment_

under section 302, I P C and seven years imprisonment under section 397,
I P C. These two sentences were ordered to run concurrently. The prisonc~ -_,
denied furlough and hence such denial was challenged before the High Court.
The High Court held thnt on undergoing the imprisonment or seven_
years, the pris(mer would cease to he a convil:t unc.lcr section 397. I P C -
and his continuation in prison thereafter was hccm1sc of sentence under sec-
( tion 302, I P C. Hence. in the circumstances. it was held that the bar under
category (2) of rule 4 is not allractcd amlthe prisoner is entitled rurlough. ror
Bombay Prohibition Act :- It is prescribed under category (3) that the
prisoner convicted of the offences under the Bombay Prohibition Act, ·194()
, is not entitled for release on furlough.
::-:,.
Prisoner, who Wi:IS convicted J{Jr oFfences under sections 302, 326 read
with section 34 of I P C ami for offences under the Prohibition A'd, chal-
lenged the order of refusal of furlough to him. It was contended that the'.
,· .. prisoner has already served the sentence or 3 years and odd which is the
mHximum sentence which could have been imposed on the petitinncri
~- -~',_.:~-~:.
prisoner under the said Act and he is now out of b<tr unc.ler category (3t
'.
:~-

of rule 4 and as such entitled for rurlough.

The Division Bench, after considering thejudgcmenL-; in case ol~ Shm11({
K Mehta -Vs- State of Malt., 1989 Cri L J 681 and Slwrad Bhiku -V.,·- Stmc
of Mah., 1991 Cri L J 2109 = 1990(3) Born C R (}33, accepted the contention
or the prisoner and granted furlough. (Chandmkanl B Pawar -V\·- SWI<' i~T
Maharaslura, 199(; (2) Malt L R 261) -DB)
. I'

'.

..·.·.·. ,;• ·•
 < :
I -i .··

·.·;

•J, Rnlt- 4 - \VIum prison~rs slmll not h~ ~r:ml~d rurlou~h. . II

I)·. Adverse Jmlicc opinion :- It i:; ht:ller to t:onsitlcr following casL~S under
I
., .
...:0 • ~ •
~! this head and they arc :-
A_;_:-~-;:·· .. -~~ i. Narsing -V.,·- Stale of Gujomt, 1988 Cri L R (Gt~iJ 505-DB. - Jr,J8ti
(2) G L R l268.
r-
. '~ _.:h .
. .- . ~. ~
ii . Nijar- k:\'- Swte of Gujarat. ICJ'JO Cri L R (Gujl 374- DB.
r_ .• ; : ;~::,1 ·. ··
iii. Central Prison -V.r- Srote oJGujamr, lf)l}3 Cri L R 304- DB.
¥

t- ~; ! . . • ..

iv. Shamd Keshal' Merlw - 1/s- Slclfc' of Maharashtra. N8 1J Cri L .I

681-DB.
v. Val/ah/w -~-'\- Conuni.,-sioner of Police, !CJ8CJ Cri L 1 22o2- DB.
vi. Bah11hhoi- v.,-_ State of Gujamr. JCJSrJ ( 2) G L R 820 -DB
The important legal points to he noted rrom above cases can he stated
1n lu:i~( HS under- ... : ...
{.t'-~-- ... -:·
a: The Sanctioning Authority should consilkr the judgement
:·
pass~d by the C. ourt convil:ting him and criteria laid down under
! . the rules and ~hould not reject the request for rclc~Jse on
or
~,

rurlough merely on the ground adverse police report.

b. Once a prisoner has become entitled to furlough. it should
ordinarily he not refused on the g·rouml that there is adverse ·
police opinion of that othcrside objects to the same. In the
circumstances suitable conditions can be imposed on the
prisoner and the police can he asked to sec that proper 'vatch is
kept on othcrside also.
c. Mere chanting of phrase " adverse police opinion" 'vithuut
there being anything in support or the same lln the record is not
just and sufficient to turn sown the parole I furlough leave
application.
d. A sense of awareness of duty and its seriousness is required tu
.·•··... be exhibited hy the police authoirtic:-; concerned 'vhilc
;,: ,: '::!> ·, ..
··...: ....
, - expressing their opinion in respect of parole and furlough.
,. Their mechanical recital that there is likelihood nf breach or
' peace if the petitioner I prisoner is released on parole or
furlough is not what is called from the police ol'riccr. The police
. ;
'"t. '~
; t .: :
i-!.
r',
r olTicer must be in a pmition to subslanliatc his opinion and he
~-L,<_-
:..
must indicate the reasons why he has expressed opinion <H.lvcr:-;e
' . to the convicted prisoner heing released on parole/ and I or
furlough. Accordingly he must also indic<~te the material on
;)· . :·-----~-:·· which the said adverse opinion is based.
.,..
'·

\ ________
.,.._.,,..... ~·-----·- --··-· -··--· ........ --·-··
 :. 1

.·.
:·· ...:-:

12 The J>ri11rms (. JJomlmy Furlcm~-th And l'nrole) l{u)es. 1959.

e. Whenever parolc/Jurlough applications are rejected. the copy

of such order disc1osing grounds on which it came to be rejected.
must bl! com·municatcd to the prisoner so that he is not kq'li
any more in dark for assailing the same before higher forum.
f. Unless the Commissioner of Police has material from which-3
/~4.' -~ ..
reasonable inference can be drawn, the right to release on
.. ; -- i"
furlough cannot be denied by resort to rule 4. The
Commissioner of Police must apply his mind to the facts of each
case and should not as a formality suhmit a report denying the
substantia] and legal right of prisoner. ·
g. Rejection of furlough on the ground of public peace and
tranquillity without any material to. that effect is illegal.

.
~.
It is also necessary to note the'·j-udgcmcnt of Gujarat High .Co.url in .
case or Mnganblwi - V.f- State of Gujamt, 1994 Cri L R (Guj) 379.
In this case. the High Court dismissed the application of prisoner [·or
furlough solely on the ground that full and true material facts were not placed
before t_he Court. The High Court emphasized that the petition dain1ing
the relief of furlough must state true and complete facts necessary for decid-
ing the application for furlough and it is du~y of the otherside to 'produ.c~ .
all the relevcnt matetrial on record justifying the decision on such application.
Jt is necessary to read para 3 of the judgement in which the High Court
hns stated the duty of Co_urt, duty of Jail Authorities and the duty of
petitioner claiming relief of furlough and further ahout the contents or peti-
tion.
In case of + Bharal -Vs- State of Malwrashfra, the Division Bench of
the Bombay High Court quashed the order of rejection of furlough. In this
case, the furlough was refused on the ground that the brother of petitioner/

\
co-accused was absonding while on furlough and it is possible that they may
commit crime if prayer for release on furlough is allowed. There was no
material on record to infer such commission of crime. The High Court
granted prayer for release of petitioner on furlough. (+ Criminal N.P No.
235 of 1997 decul_ed on 21-10~1997 by Hon 'ble L Manoharan. and G.D. Patil
JJ, Nagpur Bench)
Unsatisfactory conduct:- The furlough can be refused to the prisoners
under rule 4(6) whose conduct is not satisfactory. ·
In caseof*Khimji -Vs- State ofGujarac, the Gujarat High Court·grantetl
furlough to the prisoners to whom the furlough was refused on the ground
of overstay after expiry of period of parole/ furlough and for which punish-

)·. ~ • 1

r' ·-!.
 ltulr 4 - When prisoners slmll nut be ~runted rurluugh. JJ

mcnt hy way of cut in remission was imposed. The High Court held that
: ~- .:: ... refusal of furlough only on the ground of minor prison offence i:;; illegaL
I<
_... : · .
.. •!
t
. f'
• · ...
, -
("1991 Cri L R (Guj) 513 - DB = 1991 (1) G L R 345)
.- . . . ' I

In cnsc of Atulji -Vs- State of Gujarat, 1984 G L H 139 - DB, the

Division Bench of the Gujarat High Court, after considering_ the provisions
of rule 4 (6), has held thnt it is not correct to say that once a prisoner is
punished, he forfeits his right for being released on furlough. ll is open fur
!- j
-~ - .,

., ;
i

\
the Jail Authorities to cut furlough leave as punishment for any jail offence
so t.hat he can move against that punishment. The High Omrt granted fur-
lough leave to the prisoner in this case.
Rule 4 (1 0) :- It is clear from the provision of category ( 10) of rule
' 4 that a prisoner who has at any tirr.e,escaped or attempted to escape fn'm
lawful custody or has defaulted in any way in surrendering at the appropriate
time after release :on parole or furlough shall not be c~.nsiderell for release· .....
on furlough. · · ·· · · . · · _· · · · · · ·
~

."'· _·
The important question regarding interpretation of rule 4( I 0) was
referred to the Fuii Bench of Gujarat High Court in case of *Bhikabhoi
-1--
Devshi- Vs- State of Gujarat. The question was as to whether the word ":;hall"
used in the rule is mandatory and whether the said word can be construed
as "may" atleast as far as later part of the said category (10) of rule 4 .
. ·.- •· . I

After co-nsidering objects of the Rules, Model Prison Manual, report

of All India Jail Manual Committee, Bombay Jail Manual, Prisons Act, 1894
.. , ''
and various other authorities, the Full Bench held that ----
'' 1 ;
i. In the context of later part of rule 4( 10) the word "shall" will have to
' ~

be read as "may" and directory.

,.
:
\ ii. The prison authorities cannot reject as ineligible the request of due
furlough of the prisoners who have surrendered late in pasL
iii. The authorities have the power and duty to consider grant or refusal
of such furlough due to prisoners, having regard to the facts and
circumstances of the case including the fact that the priscmer had
', .:... surrendered late in past. That would be one of the relevant factors·
.: .. ·: to be taken into account.
-~ . --.

iv. Another relevant factor to be taken into account will be the view
taken regarding the gravity of the offence while imposing
punishment under sec. 48 A of Prisons Act read with rule 128 of the
Jail Manual
(*A I R J9B7 Guj 136 - FB = 1987 Cd L J 1932 = 1987 Cri L R
(Mah) 151 = 1987 (2) G L R 1178 = 1987(1) G L H 139) -
~ . ;. . .. -
.•t

.,
\ --.·---- -- ·--··-- :·-:····-.··--
. . .- ·· .... ,•

-~ ""' ; -~ . ~
14 Tfn.· l'ris11ns ( Uomhay FurhmJ,!h Amf l'nrof~) Rul~·k, IIJ5'J.
: ..
The judgement of the Full Bench in above case is later on followed
by the Gujarat High Court in case of Bllipat -f.l\·- State oj' Gujarat, JCJ87
Cri L R (Guj) 257 = 1987 f/ J G L R 5Yo - DB and Rodaji Malwji -I")",·
S1arc' of Gujmm. ICJ!Jl f I) G L R 048 - DB = IYYI Cti L R (Guj) 318.
In r<ISl.' of Bhipm - ~<\'- State r~( Gujarcn. I he furlough was rduscd be_-;
cause or
late surrender on one occasion. The prisoner explained that sud1
late surrender WitS because Of serious illness and also produced medical CCr-
' . '·
. \· ::~
~f'icatc. Bul the ccrtil'icatc was disbelieved hy the Jail authorities on the
ground that it was routine one. However the High court held that the

\ prisoner is entitled for release on furlough.

In case or Rodaji -Vs- State of Gujamt, the furlough was rduscd un
the ground that the prisoner committed a Jail offence. Arter considering
the ratio of Full Bench in case of Bhiknhlwi -V.\·- State of Gujarat, the High
Court held that once the prisoner is punished for his. P.~ison offend:. the
matter of pri:-;tm offence will rest there and any other punisiurH.~nt thcrcartcr
. ' l _.r. for the same act of misconduct is barred. In sm;h case rdw;~tl of furlough
V would amount to imposition of additiorwl penalty for same offence. The
prisoner was granted furlough. _ - .·
In case of + Motisinh -Vs- Swte of Gujarat, the jnil authorities rejected
the furlough of a prisoner on the ground that on earlier occnsion he sur-
rendered late by 2012 days and the High Court also dismissed his i>ctitioit
against sHit( order. Some of the important observation of lhc Division Bench
arc reproduced below ----
"Moreover. if the prisoner committing such gross lapses late sur-or
render arc treated lightly by granting furlough whenever they desire, the
same will not only embolden ami encourage that to ddy the jail discipline
hut the same may l'urlher as well stifl"en and arrogate them to twist and
raise their mustachios against the jail authorities defying and challenging
them in all respect " (+ 1994 Cri L R (Guj) 396 = 1994(2) G L R 1445-DB)
The Narcotic Drugs and Psychotropic Substance Act, 1985 :-

'
The question that " as to whether a person convicted under the
'' provisions of N D P S Acl. 1985 can be released either on parole or furlough
by the concerned authority after addition of section 32-A in the said Act?"
is considered by • Gujarat as well as by + Bombay High Court and a con-
sistent view is taken by both the High Courts that section 32-A of the N
D P S Acl, 1985 is constitutionally valid and no parole or furlough can· he
gr~tntcd to a prisoner convicted for the ofl"ence under the said Act.

* lshwarsinh -V.~·- Slate of GujamL, 1990 (2) G L R 1365 - DB. == !Yi.JJ

(2) Crimes 160.

I
 •• · .'1:
·, •..I

9~'}. Unit> 5 • ... urlriiiJ.!h ""' 111 ht- j.lrllnlcd nflt"r rt"lurn frnrn parol~·. I!'

+Sheikh Salim -v~\·- Swte of Molwmslllm, /1)1)(1( 1) Mall L J 834 - UIJ.

.,. The above view or Gujmal High Coun is also followed by Bornhav
High Court in Balwmll · v.,·_ Swtc of Malwmshtm, Criminal \V P No. ni)
of 1994 decided on IO·H·1994 by Hon'blc Ghmkswar and Lodha JJ. (N;t!!pur

. ·r- -~ G
Bench).

Furlough not to be granted artcr return from parole.·

·or~indarifly. furlo~g h fshall lhlot.db~_grf~~h·~;ed ~Jr.!!~ner wit~~n a
1
h~
:_,
'·he

(J.
per10
.
o SIX mgnt 1s rom t e ute ......
~--..--
o IS return rom parole .
---··---· •..
Furlough not to be granted without surl'ty.-
..... .._.
~·- ·~ '""(""' ~ ___
\ on
; ; ng A prisoner shall not be granted furlough unles!:\ he has a rel~liivc
. gh"
wi11ing to receive him while on furlough anti ready to ent€r into a
be
surety bond in Form A appem.led to these rules for suth ·anH>u"fit·as ·
er
. gh
may be fixed by the Sanctioning Authority.
,; he + [Provided rhat the Sanctioning Authority may dispense wilh lhe
I';'}
~-· . •:'
rcquircmenL.of cxcculion or such bond by relatives of prisoners
-~
confined in Open Prisons as defined in clause (b) of rule 2 or Lhe
Maharashtra Open P"risons Rules, 19711.
+ lnsertt>d by M:1hamshtra vidt> Nutilic:ttion No. RJM 11174/ I 6- XX"V. dakd 17.10.1'J75

7. Prisoners to.give ·personal bond before rel~ase on furlough .

Every prisoner desirous of release on furlough shall. be required to
give personal bond of the required amount in Form 13 ~1ppended to
these rules.
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 Inspector
General of Prisons through the Superintenuent of Prison
stating clearly the name and fuJI address of the place
where he desires to spend the furlQugh, th~ full name of
the relative willing to receive him. on furlough and
1 prepared to execute the surety bond, and shall also state
whether he is in a position to bear the expenses of the
 ;.

. The l'rl~>ons ( llmnhny l'urltHIJ.!h Ami 1•nrule) l(ult.·.s, 195'J.

journey b.oth 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), tf;c
I
Superintendent of prison shall, unless the prisoner is
Prima facie not entitled to release on furlough, forwanlft
expenditiousJy to the· District Magistrate concerned
through the District Superintendent of Police of that
District or to the Commissioner of Police, Greater
Bombay, as the case may be, with such remarks as he
\ deems fit. A copy of this communication together with the
prisoner's Nominal Ro11 shall be endorsed by the
Superintendent of prison to the Inspector - Genera] of
Prisons, and such endorsement shall inter alia state- :_ .. :.
(a) the amount of money the prisoner has to his credit
including the amoun~ he may have earned in prison,
(b) the amount of money required for the journey botr1
ways,
(c) the amount of security the Superintendent considers
proper,
(d) the name of the village ta1uka 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 Commissionar 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 tpe
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.

I . -·.~---~·--:--~------------.,.._...._.~----
 Rult- 9 -l•'resh opplfcuthm for furloul(h. 1.7

(c) Whether they (viz., relatives) are·willing to enter

. c into surety bond. ·
(3) The District Magistrate or the Conunissioner of police,
• i
Greater Bombay , as the case may be, shall thereafter
J
I forward the application to the Inspector General of
·'
Prisons together with his recommendations.
(4) The District Superintendent of Police shaiJ, before
forwarding the ·application to the District Magistrate
concerned and the Commissioner of Police, Greater

\ Bombay shall, before forwarding the application to the

Inspector General of prisons, cause inquiries to be made
regarding the prisoner's statement, if any, that h<=; is not
able to bear the expenses of the joitrney both ways or ·
either way, as the case may be, and make
recommendations accordingly.
..... (5) If furlough is not recommended, adequate reasons
tl}erefor shall be given.
(6) If on receipt of the application together with
recommendations under sub-mle (3), the Sanctioning
Authority considers that furlough be granted, it shall
j.
make an order for the release of the prisoner on furlough
on such <:onditi_ons as may be specified in the order.
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.
10. Conditions ofrelease.-
The Sanctioning Authority shall grant furlough to a prisoner
subject to his executing a personal bond or giving tash security in
Form C appended t9 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)
.
.
.
thal 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

1
.. ~ .

•· liS The Prisons ( Uomhay FurlonJ!h An.d l'nrohn J(uJ~~.

District/ Greater Bombay without the permissiDn· cl

District Magistrate, . . . . . . . ./ Commissioner of P1
Greater Bombay, or such Officer as the said !.)i
Magistrate/ Commissioner of Police may appoint in
he half;
(2) that the said prisoner shall be of good behavior and sh<.~
commit any offence punishable hy or under any law in
in India,

\ (3) that the said prisoner shall not associate with bad char<
or lead a dissolute life,
( 4) that the said prisoner shall, in case he proposes to chan1
religion during the period of furlough, give a rnininu
seven days prior intimation to the said District Magis
Commissioner of Police as also the Superintemlent c
Prison from which ·he has been released, about
intention, and he shall also furnish them with infcr,rr
regarding the new religion and the new name, if <my, ,
he proposes to adopt.
(5) that the said prisoner will surrender himself t<
Superintendent of the Prison from which he was relea.s
the expiry of the period of furlough.
*(6) that the said prisoner will report once a day to the offi
charge·( ) police station during the period offurl01
•
or
that the said prisoner shall, immediately on ar_rival
place mentioned in (1) above report at the police S
nearest to the said place, and thereafter*
To be inserted in nppropri~te cases and with such modifications as the S:m
Authority deems fit.

Short Notes
The conditions for release of a prisoner on furlough are ron tai
rule 10 and the Sanctioning Authority shall grant furlough to the .P
subject to his executing a personal bond or giving ~ash security in a pre:
Form. The other conditions for such released are stated in itcnfs 2
the said rule.

_., ·-.•..,, -·.. ·- -----.,.,.----~-~----.,--,.,_,.,..---~-

 ltule 11 • Declnrntlon hefhre relense. 19

The question relating to interpretation of rule. 10 was referred to the

full bench of Gujarat High Court in Natia Ji.rio -V5- State of Gujaral, JIJ84
.. -t'
Cri L J 936- FB = 1984 ( 1) G L R 464. In short, the Full Bench has con-
sidered a situation in which the prisoner was entitled to be released on fur-
lough but could not be released since he was unable to furnish surety bond
or c<~sh security.
AJter writing much more on proverty in India, the full bench held that-
I .
a. The words " if so required" cast a duty and obligation on the ·-

\ '
sanctioning Authority to consider whether the case requires waiver
of the insistence on the execution of a surety bond.
b. ·The <~ppropriate justification for such waiver would he where a
person is, by reason of his penury and his absence of intluenc~- ill
society, unable to furnish a surety bond.
c. · Rule 10 has to read and understood <is justifying the Sancti(iniiig
Authority in waiving the insistence upon a surety bond in cases such ,
as that of the prisoner.
."

In this case, the Full Bench released the prisoner on furlough after
'furnishing personal bond.
Breach of conditions :- It is clear from reading the rule 10 that the
prisoner has to follow the conditions stated in the rules while released on
furlough. One of the conditions is that he shall keep good behavior and
. ·.. shall not contravene the provisions of any of the statutes in force in India .
In case of breach of such conditions, the prisoner can be punished under
section 48-A of the Act. However it. is left at the discretion of the Super-
intendent to decide which particular punishment or punishments should be
imposed. Ordinarily tht! quantum of punishment is within the discretion of
the Jail authorities and the court should not interfere with such discretion
unless the punishment is excessive. (Bhanuprasad -Vs- State of Gujamt,
1987 (2) G L R 778 -DB)
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
1-
release order and I ac-knowledge 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

1.---'.--- --·--:--:-.---7-.--..-...
 20 'lln· Prisons ( Uomhny Furlough And l'uruleJ. Ruf~!'>, 1959.

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 J'lc
punished, on conviction, with imprisonment for a term which ma}
extend to two years or with fine which may extend to Rs. 1000, or
with both,· under section 51-B or the ·Prisons Ac.t, 1894,- 1~
applicable to the State of Bombay.''
12. Prisoner ordinarily to bear journey expenses.-
When a prisoner is released on furlough, the cost of his journc)

\ hoth ways shall be borne by the prisoner concerned :

Provided that, if in the opinion of the Sanctioning Authority; th{
prisoner is not ahle to bear the expenses of journey both ways 01
either way, as the case may be, the Sanctioning Authority rna~
direct that the whole or any ·portion of such expenses be horne b~
the State Government.
13. Extension of the period of furlough.-
Nutwithstanding anything contained in the foregoing rules, th<
Sanctioning Authority may, on the application of a prisoner. ~r
otherwise, by an order in writing extend the period of furlough fo
such further period as may be specified in such order on the sun1<
conditions on which the prisoner was originally granted furlougl
or on such other ·conditions as the Sanctioning Authority ma•
determine.
14. Intimation of relase and of non surrender of prisoner.-
(1) When every any prisoner is released on furlough a1
intimation of his release on furlough shall forthwith be give1
by the Superintendent of prison:- .. · .
(i) to the Inspector General of Prisons,
(ii) to the District Magistrate and the District Superintenden
of Police of the District in which the prisoner intends o
agreed to spend his furlough and if the prisoner intends o
. agreed to spend his furlough in Greater Bombay, tQ th·
Commissioner of Police;
(iii) to the District Magistrate and the District Superintendcn
of Police of the District in which the prisoner wa

~····;-.-.- . ____
...,.....,..,.,...,... --:--~------------
 llule 15 -Relense order inoperutive on n pri!'.oner's snr~endt!T ••. 21

convicted and if the prisoner was convicted m Greater

' ' Bombay, to the Commissioner of Police,
(iv) if the prisoner belongs to this State, to the Di~trict
Magistrate and the District Superintendent of Police of
the District from which the prisoner hails and if the
prisoner hails'from Greater Bomhay to the 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 Au~hority may if it is satisfied that any of the
con'ditions· on which the furlough was granted has not been
fulfilled, cancel its order granting such furlough. An
intimation· re.garding 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
prisone~, if at large, and remand him to undergo the'
unexpired portion of his' sentence .
.15. Release order inoperative on a prisoner's surrender to the prison
authorities.-
Ali 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.
16. Furlough to be counted as remission of sentence-
The furlough period shall be counted as a remission of sentence:
Provided that where any furlough period has been extended under
Note 4 below rule 3 or under rule 13, th~ period of extension shall
not be counted as a remission of sentence.

--- --·------
" .. ~ - ~ ' ' :'
~-

22 The Pri!IIOnH ( Dombay Furlough And J>nrole) Uules, 1959.

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.
1
Rules regarding the grant of parole
Authorities c~mpetent 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 convinc.ed by Courts situated .outside the
· · · · · · · · · · · ' · 'State of Maharashtra;
(b) Prisoners conviced 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 Sntte
Government has directed that the case of the
specified class of cases should be referred to it for
orders; and
*[(ii)The Commissioner of the Division, in all other cases in <
Division, in which the convicted prisoner is confined, 01
when the Divisional Commissioner is out of headquarters
the Additional' Divisional Commissioner:
.
Provided that if an application for release on parole or fo1
an extension of the period of parole is refu~ed by th<
Divisional Commissioner or the Additional Divisiona
Commissioner, as the case may be, an appeal shall lie t<
the State Government, whose decision thereon shall- b(
final.]
-
(2) Notwithstanding anything contained in sub-rule (1), "t~<
Superintendent of Prison shall also be the Competen
Authority to release a convicted ·prisoner on parole fnr :
period not exr.eeding fifteen days, in case of death of hi
 r) r A ...
',_._.I l'l·~' \..' )-.t ' (I
. ... ;1 r' · · "
I
'
; : ·, •
"
I
...
:
\' ·--'I
'--··
\J
c.·"'/' .~} c...u. .. '·', ~l '
¥
i)
...
.' ~. '
& .• '

l(ule 19 • When 11 prismu:r mny be rcl~nsw on paroll'. '"(, \ : 1.' t

clo_se relation i.e. father, mother. brother, sister. .-;potrsr or 7--,
child of the prisoner.]] i
\ ..:. ~' t i; ',._.' ( I

+Entire rule 1H Suhstituletl by l\laharnsht rn vi<h· Noliliwlin!,l .

Nu.J•AR.-4579/3731 -I'RS-J tinted 5-.7- liJHl.
• Clause (ii) Substituted by Mnhnrashtn1 ,·id~: Notifkntion No.PAH 45Sl!l/l'ltS-2
tlntetl 21-11-1989.

Short N ntes
. Maharashtm Amendment:- The clause (ii) or suh-rulc (I) of rule li-i
is substituted hy notification No.PARA2H2/1/PRS-2. It is clear t·n·ml the·,
amendment that power to grant parole is vested with thl' CommissitJill'I t'l
Divisior; and in case the Divisional Commissioner is out of Headquann~
the Additional Divisional Commissioner. is empowered to gmnt parok. F:H-
licr to this amendment, the Assistant Commissioner was authorised to grant
parole in case the Divisional Commissioner is out of headquarters. ll is abn
. ·:· · to he noted that the words" or the St.atc Go~crnmcnt for any pri~oncr h>tlgL·d
in any part of the State. to whomsoever an application for rclca~e on parole
is made" are ahscnt in the newly amemkd provisi(m. Thus it can he said
that in all other cases not covered by chwsc (i) of suh-rule(1) of ruk IK.
the Divi.o;;ional Commissioner or the Additional Divisional Commissioner is
empowered to release a prisoner on parole. In case of refusal parok by .or
such authorities, an appeal .shall lie to the State Government and the final it~·
is given to the decision or
the State Government.
~thority of Minister to grant parole:- The question was raised before
\
.-""~ Division Bench of the Gujctral High Court as whether any Minister has
right to strctitway grant parole '! It is held that Minister of the State has
no authority whatsoever to release thl' convict/prisoner on parole kavc. It
is observed by the Court that it was improper on the part or tht.: Minister
.,'
to rclcC!se the prisoner on parole merely on the recommendations of ·
politicians ignoring altogether the criminal background or the prisoner 011
the one the hand and the overall interest the society and the opinion or
or the jail authorities inehargc of the prisoner on the othcrhand. (Hasmuldt 1
J5pi:£i]a{iii!{ ~ V.'i~--Siate .uj Gujarat, 19CJ5 Cri L R (Guj) 273-DB - ICJCJ5 (I J ~
G L R 726) J
-+
4 [19. When a prisoner may be released on parole.-
~- r A prisoner may be released on parole for such period not
'··
f!'ii·.-''~'J{ exc~eding thirty days at a time, as the Competent Authority
. t'l~r{·L ref~rred. to in rule 18, in its discretion m~y order, in cases of
:1.'' · · senous dlness, or death of nearest relauve such as mother.
~) father, sister, brother, chiklren, spouse of the prisoner, or in

\ ..... ______
.....,., ·-·---~----
-- 24 The Prisons ( Hnmhay FurlonJlll. And Pnrole) J{ules. 1959.

case of natural calumity such us house collapse. floods, fire.

No such parole or extension of parole shall be granted
without obtaining a police report in all cases except in tl"lc ·
case of death of his nearest relatives mentioned ab.ove:
Provided that a prisoner shall not be released on paroJc fo'i;
one year after expiry of his last parole except in case of death.
of-his nearest relatives mentioned above.]
+substituted by Muhurnshtrn vide Notific:ntion Nu. I'AR. 4582/l!I'RS-2 dah:d
21-11-19K9.

Short Notes
Mahurashtra Amendment:- The earlier rule 19 is :.;ub:)titutcd by
Notification No. PAR. 4582/1/PRS-2 duted 21.11.1989 and somewhat new
look is given to rule- t 9 .. · .. · . , · · ·
Earlier to the amendment, the Prisoner was entitle to be released on
ground of serious or death of any member of the prisoners family or or his
nearest relatives or for any other sufficient cause.
In view of the amended provision, the prisoner can claim release on
parole on the ground of serious illness or death of nearest relative such as
mother. father, sister, brother, children, spouse of the prisoner. Thus categc)r}'
of nearest relative is specified in the amended provision. It is further provid~d
that parole can be claimed on the ground or natural calamity such as house
collapse, tlood, fire. These arc the- additional grounds on which parole can
be claimed by the prisoner.
It is clear in the amended rule that parole or extension of parole shall
not be granted without obtaining a police report in all cases except in the
case of death of his nearest relatives mentioned above.
The proviso is added in newly amended rule and restriction placed on
release of parole. Such restriction was not there in unamended provision.
l{elease of a prisoner on parole:- Under this head, I have discussed
r: in brief the cases in which the question relating to release or non-release
of parole is considered by the High Court.
•
In case of Jayant Veerappa Shelly -V\'- State of Mafwrashtra, the
Division Bench of the Bombay High Court held that the Prisons ( Bom~1ay
Furlough and Parole) Rules. 1959 would not apply to the grant of parole
to a convicted person whose appeal is pending before the Appellate Court
and when the Appellate Court is in seisin of the matter and is empowefcd
under section 389 of the Code of Criminal Procedure, 197:1, to pass ap--

-I
' : . .

• 19!i'J. ' J{ull• 19 - When n prh;nner muy he relenst.>d on pn rolt·.

propriHte orders
. (1986 Mah LR 431 = 1986 Cri L.l I i98 = J'J8o (1)
fire.
Il llom CR 3JJ- DBJ
,, nted
,
the However. in case or Sharad Bhiku -Vr- SLate of /'v!aharashtm. JC.NO
-<
f3) Bom c R o33 = 1991 Cri L J 2/0CJ. it is held that the ratio in the ah!.l\'L'
-· !
case or Jayant -V.\·- State of Maltamshtra is not applicable to furl!lugh.
'
-l
[ . '
j
e for
cath In case of Bahubhai Ukablwi -Vs- State of Gujllrai, 1987 (2) G L R
l
887-DB, it is held that the refusal or
parole only on ground that the prisoner
i has been committed to jail only recently is illegal and the authorities \vcre
ci:J tt·d
\ directed to consider ctpplicotion for parole afresh.
'\
r,
l :~
'-.! in C(~e or A.')(/ul Latif -V\'- State of Gujarat, 1987 (2) G L R 837-DIJ.
"i the Division Bench of the Gujarat High Court held thnt the concept or
---' ' d lw
:_.,J . parole and furlough leave cannot be introduced ami applied to the lktcnus
m:w
. i under the preventive detention laws .
.'
d 011
The Apex Court has cqnsidered the provisions or COFEPOSA Act.
r his 1974 and effect of releas~.: or detenu on parole and its clTect in counting
the period of detention.

.f 'on The Apex Court held that the period parole could be added to the
:f
h as maximum period of detention of the detcnu. In oth~.:rwords, the Apex ·court
I
,I

gory rejected the contention of detenu that one~.: the d~.:tenu is taken into custody
: idcd under the Act pursuant to an order or detention, the running or time \\'Ol}ld
)USC not be arrested rriarely because the Court directs release of the ddcnu on
I can parole. (Poonam Lata -V.Y- M L Wad(wwan, (1987) 3 S C C 347 = 1987
. !
S C C (Oi) 506 = A I R 1987 S C !383 = 1987 Cri L J /130)
Thus it is clear from the above judgement that the period of parole

\
shall
the ,; has to be excluded in reckoning the period of detention under suh-secl ion
i
l ( 1) of Section 3 of the Act.

on • The above view is affirmed by the Apex Court in Pushpadevi - v.,·_ M

!

~ L Wadhmvan, (1987) 3 S C C 367 = 1987 S C C (Cri) 526 =A J R JCJ87

' S C 1748 = 1987 Cri L J 1888.
• I
·asc But the above view i.s doubted by the Bench or three Judges or the
Apex Court in Sunil -Vs- Union of India, ( 1989) 3 S C C 236 = 1989 S
C C (Oi) 552 =A I R 1989 S C 1529 = 1989 Cri U 1489. However the
the t
bay •
(
matter was referred to larger bench for deciding the said question. It is ex-
! - f pressed by the Baneh that - - -
ole
-~
-I
j
urt ~ " It seems to us prima facie that one possible view can be that if parole
red
I. ap-
is granted the period of parole should be counted within the total period
or detention and not outside it."

!
'.\
\;
'-
\ -
 ~--·
''•-:
The l'ril'H'ms (. Humhny Furluuj!h And !'a role) Hules, J 959.

In Samir Chauerjee -V.~- State of W B. 1975 S C C 340 = (1975) 1·

S C C 801 = JCJ75 Cri L J 939, the Ap~x Court, after considering the
provisions of section 15 or M 1 S A, has held that scclinn 15 deals wit!F-
rclcasc on parole and such release is made only on the request of the part)·
and ror a specific purpose.
. - ' ..
-~ ~-
' • • • '!;

While deciding a case or detention under COFEPOSA Act, the Apcx".-

Court directed the approach the appropriate authority for parole. In this
case, the delenu prayed for release on parole ti11 matter is decided by 1he
larger Bench since the matter was referred to larger Bench.

I (1-lan.when -Vs- Union of India, ( 19CJ4) 4 S C C 148 = ICJCJ4 S C C

(Cri) 836)

But in CCISC or Kmilleshkumar -Vs- Union of India, 19CJ5 Supp (3) s

..... C C lN.:=: _1.CJY.6 S C C (Cri) 86, th~ Apc_x. ~~u~l r.cl.eHscd the detcnu on
parole since reference to larger Bench will not be decided early and period
of detention is to expire shortly.
In case of + Slwkunwla Devi - V.\·- State, the Division Bench of Delhi
High Court allowed the rel)uest of petitioner for release on parole al"tc·r,
_, considering health condition of a pri:mner/petitioner. It is held the gravity·
or crime committed and earlier release on parole arc not the rclcv;mt con-
- ' siderations ror rdusal of parole in the present circumstances or the case~ -
(+ 1CJ96 Cri L J 2CJ54 -DB)
•
In case of Ala Ramji - V.\"- State of Gujarat, the petitioner/convict
prayed ·to the High Court that extension of parole leave for 21 days be
g~antcd to him on the ground of illness or his wife as :;he requires medic;tl
help and there were no male members in his family to manage for her treat-
ment and operation. In this case, the reliability of medical certificate was
',: ,· ,. disputed. It is held that the medical certificate produced on records docs
not comply with the essential pe_r-rcquisjtcs of of valid medical certificate
and request for extension was rejceleLl ( ICJCJI (2) G L R 722 -DB = !9CJ2
Cri L J 867)
The Apex Court ·also recommemlcd the case of a convict convicted
under the Prevention of Omuption Act. 1947, for release on parole after
considering the fact that the petitioner was the first offender Hnd young·-in
his carrer. ( Sureslt Chandra -V.\·- State of Gujarat, 1976 S C C ( Cri) 145
= 1976 Cri L J 1890 =-A 1 R 1976 S C 2462)/(See also Krishan La/-- V\·-
; Swte of Delhi., 1976 S C C (Cri) 146)
' .
The Apex Court directed release or a convict on parole for enablir1g
him to appear in M A (Previous) Sociology examination or the Univnsit~:.-
,_
.-;'

I
 Rnlt: • 21 Applimtion li1r gr:111t of pnrult: 27

(Tam Chand -V\- Srore r~{ Rajasrltmr, 1990 rSupp) S C C 56} = I lJlJO SCC
(Cri) 608 (I).)
20. Parole nol to be counted as remission of sentence-
The period spent on parole shall not count as remission of the
sentence.
Shot·t Notc.o;
,·; ., II i.o; provided in rule 20 thHt the period spent on parole shall not counl

\ '
..
as remission or the sentence.
.
•
In case of AmriLblwi -v:1·- Srare of Gujamt, the petilioncn;/ convicl~
_, claimed that !he period ·spent by !hem li.Jr industrial traning should IK
.! counted towards the remission of sentence. Such request was refused by the
jail authorities.
While dismissing the petition. the Division Bench hdd !hill period
j
during which the petitioner~ were released on parole to enable them to take
.. I
' ' .. ·j indu~trial training cannot· be" frc'ciltd In be a period spcnt.iri juiJ·ct'J:->t()dy and
- ' !
hence it cannot be counted for remission or
sentence.
·\
( 1987 Cri L R (Guj) 233-DB = /987 (2) G L R 826)
·. -.. 21. Application for grant of parol e.-
,.; :.

A prisoner may be granted parole either on his own ;Jpplication or

on an application made by his relatives or friends, or legal adviser.
22.Applications for parole to be dealt with.-
(1) Any prisoner desiring to be released on par(Jie shall·

\ ordinarily submit his application ( in triplicate) in Form 0

appended to these rules to Superintendent of Prison who
shall endorse his remarks thereon and submit one copy
I.·,.· direct to the Cornpentent Authority along with the nomin~l
• roll of the prisoner and the other to the District
Superimendent of Police of the District in which the
prisoner proposes to spend his parole period and to the
Commissioner of Police if such place is in Greater Bombay.
Note- Prisoners who apply for parole on false grounds or
i:.
who abuse the c(mcession or commit breach of any of
the conditions of parole are liable 10 be punishet.l
under section 51-B of the Prisons Act, I K<J4. as
applicable to the State of Bombay.

;, .~~ ·.
. .
\ --~---~-----. ·-----·------- ·- ......
 2:C Tho: l'risuns ( Uomhny FurltmJ.!h /\nu J'nrol") Huko;, 1959

(2) The District Superintendent of Police concerned or the

Commissioner of Police, Bombay, as the case may be, sha.il
immediately make enquiries to ascertain whether the grou·.;d
or grounds on which parole is applied for i~ or are genuine
...- ... ;::
~nd submit immediately his report to the Compenteirt
Authority mentioning inter alia whether it recommends the
grant of parole and also whether there is a likelihood of
breuch of peace if the prisoner is released on parole.
Short Notes
\ It is provided in Note below sub-rule (1) of rule 22 thut a pri:-oncr
who apply for parole on false ground~ or who abuses the cont:ession or ~.:om­
mil brcat:h of imy or the conditions or parole. can be punished under ·the
i ,;· provisions of section 51-B of the Prisons Act. 1H94. as applicable to Bombay.
' I
.!
It is also provided under scction.48 A. or the Pri:·ams Act. 1894. that prisoner
. . • 1••••.••
J .
wl1l~ l';iils 'td o6scl'vc 'miy conditions ·on ·which he was released on. furlough·
I or parole without sullicicnt cause shall be deemed Lo hnvc committed prisqn
offence and the Superintendent may puni:-;h such prisoner ror such offence.

In case of ShiFmj -V~·- State of Mahomshtra 1993 (3) Bom C R 717,

it held that punishment for overstay on parole should not be inllicled withl)ui
giving reasonable opportunity of explanation to Lhc prisoner. ( See also Ch.
Ramaswamy -V.\'- G(Jll/. of A P, JIJIJ7 Cri L J 3256-DB - AP)

23. Enquiries may be made on receipt of application-

On receipt of an application for parole, the Competent

\
'. .~
i ., ., .
Authority may make such enquiries as it considers n~cessury
and pass such orders as it considers fit. If Competent
Authority considers thut there is no objection to rele~se the
.. prisoner concerned on parole it shall rna ke an order for his
release on parole .
.-.
24. Conditions subject to which prisoners may be granted pa'rolc-

The Competent Authority my grant parole to a prisoner

subject to his executing a surety bond and a personal bon<.! in
Forms A and B respectively to observe all or any of the
conditions mentioned therein and also subject to such oth~r
conditions, if any, as may be specified by the Competen~
Authority:

.J '
 Jl) Thl' l'ri!;on!> ( Hnmhny Furlough And l'urul"} Hull's. J'J

.! periods as may he specified in such order, on the same grounds, a1

on the same conditions on which the prisoner was originally gr<Jn_t,
parole, or on such other conditions as the Compentent Authority rn
determine:
.·;·. Provided that the total period of parole so extended shall n
exceeu ninety days.]
+ Snbstitutt:d hy Mah:mtshtru vide Notiric:~tion No. I'AK. 45HZ/]/ PH.S-2 dal
21-l J-19K9:

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

As soon as a prisoner released on parole surrenders to the Pris<
Authority his original order of release will be inoperative. Whcr
therefore. a prisoner who is released on parole ha!-i applied for tl
~ '!.
1: .:.
extensioi1 of the period of p<~role <~nd before his application has be{
S<tnctiOI~ed s4rren~C!~ hill!seJf to the Prison· authutity, 'he shall not. t
released <Jfter such surrender without obtaining a fresh release onJ•
passed by the Competent Authority. ·
27. Intimation of release and of non-surrender of a pr·isoncr.-
(1) When ever any prisoner is released on parole, an intim~tti(
of his release on parole shall forthwith be given by tl·
Superintendent of Prison to the authority which granted hil
parole and copies thereof shall also be sent-
(i) to the Inspector General of Prisons,

.;
I (ii) to the District Magistrate and the District Superintende1
.. q· of Police of the District in which the prisoner intends s
' ; .. i spend his parole and if the prisoner intends to spend h
i
parole in Greater Bombay to the Commissioner of Polit(
II
(2) Where a prisoner dose not surrender himself to the priso
1·, .'j authorities after the expiry of the period of parole, th
I
Compentertt Authority may, if it is satisfied that any of th
j conditions on which the parole was granted has not bee
fulfilled cancel its order granting such parole. An intimatir.1
·. :· ..
J·'
,. regarding such cancellation shall forthwith be given by th
...
'_,-
:. .
.. Superintendent of Prison to the officers specified in claus
'. ·"'; .
; . l (ii) of suh-rule (1). Upon such intimation the polit
!
:i
. I
1·. '.,· ..
 , .,... I

r·J
~--. -

. 'i04.
l' 1-'urm n. .u
Dated this day of 195
. ;tnd
• '< Signed by the abovenamed Surety in the presence of:
,_ the 1.
";,--·

. ··~
2.
rc- Signature of the Suretv.
ami * Schedule A.
I in
i
i \ ttch
the
( To be filled in)

Form B.
·!
i
Personal Bond
'
-... or
. ! ( S_ee rules 7 and 24 ).
the
ole · · · Whereas I (name) · :. : · ·..... inhibitions of (place)· · · ·. ·- ·. ·. ·· ·, ·· ·
-- · der have been sentenced to undergo imprisonment for the term of
years.
And whereas the Government of Bombay/the Inspector Genewl
I of Prisons, State of Bombay/ the Deputy Inspector General of Pri!ions
I
I (Headquarters)/Commissioner, Division/ the Assjstant Commissioner

II
I
has, been pleased to release me on parole/ furlough for the term of
( ) commencing from and ending on
condition of my executing a Personal Recognition Bond far my ap-
on

\
I
1
I• pearance on the following date viz, ·
-J
·.. , .··, ~
l
., ~·
I hereb_y agree, with and bind myself unto the Government of
Bombay to abide by the conditions mentioned in the Schedule at-
l• i
1
tached and further agree to appear and surrender myself before the
Superintendent of . . . . . . . . Prison at . . . . . . . : 0' Clock on the
II foliowing date viz, ...... - . and in case the period of parole/furlough
I is extended then on the date following the date of expiry of such ex-
iended period of parole/furlough and in case of my making default
ut ~}
i
i ;.; herein I bind myself to pay to the Government of Bombay a sum of
m ;\
. -J . Rs ............ and I agree that the Government of Bombay may
'i
-; without prejudice to any other rights or remedies, recover the said
'{
' ill sum from me as an arrear of land revenue.
.1 i
I f.
t
I

i.
\ ..-..,__,..~-~------ ---.~·--c.·
·.--: '\:', ; .... ' . ~ .
.,

3(, The Prisons ( Uomb:.ty Furlonj!h And J>nrole} Jtules, 1959.

I'

The prisoner confirms that the dated by him ar'e true. He i~:
prepared for the action that may be taken against him if they prove
to he false. /
-1
Superintendent .
. . ·. . . . . . . Prison.
Immediate
·.' (.

No. of
\ Prison Office,
Dated,
l ;'

. h District Superintendent ol Police.........

wt'th ,1
.' Forwar.ded to t e . -. · · .- · ·
Commtsswner of Police, Bombay
request to make immediate enquiries to ascertain if the ground <~r,:
grm~nds on which parole is applied for is or are genuine and to submit
his report immediately to the Commissioner,
Division, ........ mentioning inter alia whether he recommends
the grant of parole and if so, for what period, and also whether the-re
is a likelihood of breach of peach if the prisoner is released on parole.
Superintendent,

I ,,:
. . . . . . . . . . . Prison.
Copy with the Nominal Roll of the prisoner, submitted to the
Commissioner, . . . . .. . . . . . . . . Division, . . . . . . . .
Superintendent
.. ,
. . . . . . . . Prison
Date
Place

' .
'!.
~·I : ..

,l._.
 ·•
_-.-...,_,
.,_ ... -!
37

Form E.
·. (See rule 29)
From of order of release on furlough/parole.
No. .-In exercise of the powers conferred by rulc2/1H
of the Prisons {Bombay Furlough and Parole) Rules, 1959, the
.
of jR"
Government of Bombay
,. Inspector General of Prisons
i
'
;

t \ Deputy Inspector General of Prisons

Commissioner of the Division +[or the Additional Divisional
!
I
Commissioner] of
Assistant Commissioner of the Division of . . . . . . . . . .
herehy suspends, for a period of . . . . . . . . days with effect.
form the date of release on furlough/parole, the execution of the .sen-
'' tence of imprisonment awarded to the prisoner . . . . . . . { No. )
~
~
;.
I
· subject to the following conditions, namely:-
I ..
.I ( To be filed in)
·t1
.. ... •• ! ~·
· · · · · · · · Sigriaiu·re: · ·
I .• Designation.
'·. -l

Date
Place
"I hereby accept and agree to abide by the above conditions of
the order of release on furlough/parole and I acknowledge that should
I fail to fulfil any of these conditions, the Sanctioning Authority/Com-
; ,.
.!"
: petent 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 unex-
1· . . ·· pired portion of my sentence; and I further acknowledge that should
I fail to fulfil any of these conditions, 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 of Prisons Act, 1894, as applicable to the State of
Bombay''
Dated the·
Prisoner . . . . . . . .
Certified that the foregoing conditions were read over and ex-
plained to the prisoner and accepted by him in my presence:

\ ..--~------··--·~~-·--·- --·-·

•t • ~ .
. . •

•·::::·::.···-·
 J.
38 1l1e Prisons ( llomhay l'nrlnnJ!h And l'nrole) Rule:;. 195!11 ·• ,
~

Dated the
Superintendent . . . . . . .
Witness
,
.- ·~.
Dated the
By order and in the name of the Governor of Bombay, J
R. G. Salvi, -i
Joint Secretary to Government.

:~; .
>I
i ~
f._.
I -
~ .
' + Inserted by Mnhurnshtru ,·ide Notification No. SJF. 0190/2(205)/l'RS-2 dnted
u-u-1993.

+ [Form 'F'
(See rule 29 (b))
1
1
f

l
J

I
In exercise of the~ powers conferred by the proviso to clause (ii)
I .. . :Pf sub-rule (1) of the rule 18 of the Prisons (Bombay Furlough am(
Paiole)·Rules, 1959, the Gdvemmeni of Maharashtra hereoy set ·aside·
the Order No . . . . . . . . . . dated the . . . . . . . . . passed by the.
Divisional Commissioner/Additional Divisional Commissioner and
•.
!
)
I
suspends, for a period of . . . . .
.
~ :-
with effect from the date of release on parole, the execution of
the sentence of imprisonment awarded to prisoner No. . . .... H
II
subject to the following conditions namely:- 1/

I···
.... _;
\ (1) That the said prisoner will reside at . . . . . . . . Taluka- J;
Djstrict ........ state during the period of suspension and • (
will not go beyond the limits of the said district without the . j
permission of the District Magistrate or such officer as the 1
'- District Magistrate may appoint in this behalf. 1

. __ .:
. (2) That the said prisoner will be of good behavior and wilJ also l
ll

. : ..
; '

' ~
not commit any offense punishable by any law in force -in j
India. I
(3) That the said prisoner will not associate with notoriously bad. ·
characters or lead a dissolute life. _ .. ,.
(4) That the said prisoner shall, in case he proposes to change
his religion during the peJiod of suspension of sentence, give" l
I j
- ... ,.~,!;o···.:P.R!.~ ~ ~~:.+
. '•:.,.-

..,,; ;,.,.,'"'lr
' .... ··- .
';
<
L ..,
>.
".!: ..-.,rm F J9

r.
.·
.
1-
•4
.. :] minimum of seven days, prior intimation to the said District
Magistrate as also the Superintendent of the Prison from
; :~
::t .-
1 which he has been released, about such intention and he
.·.i.·
·-. ::fl'. J
~
shall also furnish them with information regarding the new
·- ;,
religion and the new name, if any, which he proposed to
adopt.
(5) That the said prisoner will report himself to the
i
Superintendent of . . . . . . . . . the Jail on the expiry of the
I :
period of suspension.

\ (6) That the said prisoner will report himself to the officer in
charge of the Police Station, which is nearest to the place of
:~ ~ the residence, immediately on his arrival at.
-· '
(7) That the said prisoner will furnish a surety bond to the tune
of Rs. 1,000 or Rs. 2,000".
I hereby accept and agree to abide by the above conditions of
,.
the order of re!ease on parole and I acknowledge that should I fail
to fulfil any of these conditions, the Gove~~~cnt .of.Maharashtra may -..
revoke the order of release and I may be arrested by any of Police·
Officer, without warrant and remand to undergo the unexpired portion
. - -,1
of my sentence; and I further acknowledge that should I fail to fulfil
any of these conditions I am liable to be punished on conviction with ·:
·'·.I:
imprisonment for a term which may extend to two years or with fine
~j
which may extend to Rs.l,OOO or with both under section 51-B of the
Prisons Act, 1894 as applicable to the State of Maharashtra.
~
)

'
...
..
\ Dated the Prisoner.
Certified that the foregoing conditions were read over and ex-
,,.

plained to the prisoner and accepted by him in my presence.

Dated the Superin-
tendent.
Witness
Dated the
.; +Inserted by Maharasblra vide Notificntion No. SJI'. 0190/2(205)/J>RS-Z dnled .
12-11-1993.

t r'

l .!
., ,. '
r
l ~-..---.-----·-· -------------
:,·
. .• ;
1 .•.

:.;
. ... .. ..,.;,
-.•

--~~.. :..:~i#At~~~ti~;~;f~Y;i:i~:..: .. :
 Important Circulars
. ' .,. Index
'
S Nu. Date ! Number uf circulur ! Subject in bricl'
1 25-9-1950 II Circular No. 442:-)/6 I Prisoner Promt disposal of I
! applic<ttions regarding
' ..... ·.
I l release
of - on parole on

I
j
' -~
the ground of serious illness
'
:; or death or their relatives
,, ,. 2 31-1-1951
--
Circular No. 442H/6 Explanation to abov~~~~·;.;·i~~~
---------
3 2X-1J-19X9 Circular No. PAR Amendment to ruk I~ nf
452/1/PRS-2 the Rules. 1959.
4 16-12-1997 Lellcr No.
GFP/1997/ 195/ C-5
' Guiding principles for grant
of parole in view of judge-
men! of High Court.
..
5 6-7-t99R Circular "Nb: RLP · · · Guiding principles- fot· grilfll· · ·
4496/1/3 13/PRS-3 of p<tn>lc and furlough in
l :· :· i- view of judgement or th~
High Court.
6 10-7-1998 Circular No. PAR RCfusal of parole in case or
4598/lt230/PRS-3 pendency of appeal l)l~rorc
the higher court.
7 31-12-1968 Circular No. M ISC Guiding principles for

'
:'
1065-2064-J release of prisoners on
parole. (Gujrut)

.. 8 R-8-1969 Circular No. MISC ,·J4 Addition to above circular.

... ! 1 J065-20M-J /. ·r
9 9-10-1992 Circular No. JLK/ Non grant of parole LoN D
4388/ 184/ PZ/4 P S convicts( Gujmat)
10 26-10-1995 Letter No. VI Judi/ Non grant of parole to N D
6537/1995 P S convicts( Gujarat)
11 17-10-1995 Circular No. JLK/ Grant of parole in pending
4395/ 5654/4 Appeal for convicts. J
'"
) ...

I........... _ ______
! .

...,.... __,.... .........,.. ______ ---

:~ :
,._
. '"-:. .
·-~- " .: .:·.. :·!~· :~. \~~ i.!.! -·;·,·: .:~ ..,;..~~>~~:.\:{~~-;~;:: f •••
 Jmperrtnnl Cirt:ulnrs. 43
l
.r·
·t.
Important Circulars.

1. l'risoner:
Prompt disposal of npplicntimrs
regunlin~ releuse of-on purole on th ..
J.,.
ground of serious lllnes~ ur denth of
thrir nrar relutins.

1\
~
"}
J
.
~ ..
Government of Bombay.
H_ome Department.
Circular No. 4426/6.
l
j Bombay Castle,
25th September 1950.
.!
l
~ ..
Circular.
, r ...... ·
··) .. Government has heen received a number of applications for
. , :.. r.~l~~s~ of Prisoners on p~role on a~~qunt _of _serious iJiness or death ~~ '
of their near' relatives and the·se· application are at present being· sent· · ~-. '·.
to the District Magistrates concerned for report whether the contents
of these application are true, and if so, whether the release of the ·:.~ ,,
Prisoners is necessary. It has been observed that these reports are
not being sent to Government promptly and take a· long time. Though ·~
:r_
in many cases the contents of such application have, on enquiry, been
found to be false, Government desires that aJJ such application should ~~·
(,·;
\ 2.
be dealt with expeditiously so that in genuine cases the release of
Prisoners may not be delayed.
In order to minimise the delay the substance of aJI such
!:. . applications will henceforward be communicated, through wireless
by Government, to the District Superintendents of Police
: .
concerned for enquiry and report. The District Superintendents of
Police should cause enquiries to be made immediately and send
the report to Government through the District Magistrate
concerned within 4 days of the date of receipt of the wireless
message from Government,if a Prisoner's near relative is realJy
seriously i1l or is dead and the Prisoner's release on parole is
considered quite esseutial. An advance copy of the report in such
cases should invariably be sent to Government. The District

\
 . 44 Tine l"risons I llornh~ty Furluul!h And l'urulrl Hule~. 1 YS9.

:v1agistrate should also pass on the original report to Government

immediately with his remurks. The Commissioner of Police,
Bomhay, should send his report to Government in such cases
within 4 days of the date of receipt of the application from
Government. ·

3. In most of such cases full details of the Prisoners concerned ar.e

not availahle with Government and therefore, their nominal rolls
are at present being called for from the Inspector General of
Prisons. State of Bombay. As this also involves delay. the nominal
\ . roll. of a PrisoneF
. . will henceforth . he called· for from . the
Superintendent of the Jail direct if the name of the Jail is
mentioned in the application. The Inspector General of Prisons is
requested to issue instructions to the Superintendents of Jails that
J
in such cases they should forward the nornimll rolls to
I
Government direct by return post.
i
.j 4. All the District Magistrates and the District Superintendents of
Pol!ce ami the lnspectvr. ..G~ns;;r_a~ , of· ·Prisons and . tbe ... ·
.Il · · · · · Cc)minissioner of Police, Bombay, are requested to observe these
instructions <and to bring them to the notice of their subordinates,
who huve to. deal with such 'Jpplication.
;
. . I
v
5. The Commissioner of Police, Bombay, is also requ~sted 'to instruc't
. '~
the Officer-in-Charge of the Police \Vireless Station at Bombay
that on receipt of the wireless messages in such case~ from
j Government they should be transmitted immedi_ately to the
(.
.) District Superintendents of Police for whom they are intended .

By order and in the name of the Governor of Bombay,

.. (Signed) . . . . . . . . . . . . .
Secretary to the
Government of Bombay,.
Home Department.

;
~ ;

I
:

.t.
"lti
 Important Cin·ulur.~.

2. l'risom·r:
l'nrmpt dispn!<nl of npplkation~
rej!unlinJ! rd~ns~ nf ··-on parol..- on
~round uf s~rinus illnt's~ nr death or
lbdr llt'nr rdatin'"·

i
Government of Bombay.
'
Home Department.
Circular N o.4428/6. Bombay Castle,

\ 31st J,anuary 1951.

Circular.
With reference to Government Circular. No.4428/6 dated 25th
September 1950, it has been pt)inted out by a District SuperintemJcnt
of Police that, if the places where the Prisoner's relative!' stay are
far away from the Headquarters, them in such cases it will not be
possible for the Police to make the necessary enquiry and send u
report to Government within Jour days as directed in the Circular,
unless th~ wireless messages sent by Government are repeated to .
PoH~~:S.P.q-~t:tsp.e~t~rs.concerned. ey -telegicrms or special ni~n are. n.t. . se
from the Police Headquarters to make the neces~ary enquiry. Govern-
ment considers that this difficulty is genuine and may have been felt
in other Districts also. Government is therefore pleased to direct thut
in such cases the District Superintendents of Police may incur expen-
diture on sending special men or on sending to telegrams to the Pol ice
Sub-Inspectors concerned. The latter course shol\ld be resorted to only

\ when the place is far away and no quicker ·means of transport are
available to reach it, so that the special men if sent will not return
in time with the necessary information.
2. The expenditure that may be required to be incurred in this
'!
' . . connection should be met by District Superintendents of Police
from their sanctioned grants. ·
•
By order and in the ·name of the Governor of Bombay,
: J .
(Signed) . . . . . . . .
Secretary to the
Government of Bombay,
Home Department.
·.,.

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lmportnnl Clrculnrs. 5J

·~ . -. ~- 7. Guidinj! principle for th~ relt-a~t" uf

pr:isoners on pnrok.

Government of Gujarat
....
- !.
Home Department
')._:'-. No. MJSC-1 Oo5-2064-J
Sachivalaya, Ahmedahad-15.
Dated the 31st Dec.I968.
As provided in rule 19 of Prisons (Bombay Furlough and Parlole)
lwlees, 1959, a Prisoner is released on parole in case of serious illness
or death of any member of the Prisoner's family or of his nearest
relatives or for any other sufficient cause. lt is for the competent
authority to decide whether a particular cause mentioned in the ap-
~
,.....' plication for parole is sufficient or not. It is however considered neces-
._i·
sary to lay down certain "do" and "don't" a for the guidance of the
competent .authority. Government is therefore pleased to direct that
the following causes should be considered sufficient cause for grant
of parole:-
(a) Marriage of the prisoner himself or any of his Children and
the marten of the Prisoner' sister if he ~as no living father.
(b) Academic examination of the Prisoner is pursuance and
preparation of any educational course, eg. S S C.,
Prauniversity, Intermediate, DegreeJ'ost Degree, Diploma. j
. ' 1
',,

; ..
\ (c) Settlement of a dispute with regard to any immovable
. property of the prisoner if his presence outside is considered
necessary.
Jl .

(d) Attendance at major operation on any relative of the

Prisoner from amongst "his father, mother, wife, son or
daughter if there is no other male member except the
Prisoner to attend.
.~·:
f
_.-
• : ·~:
..
•
(e) Death of father, mother, wife, non, daughter,brother or
ummarried sister.
(f) His serious illness where outside free athomphere treatment
.···.· '~
may be better and if it is no requested by relatives .

'
.: _,
~-.
,. ,: ·-
 54 The Prisons C llnmhay Furlnu~h And l~nrole) ltule:o;. 1959.

By order and in the name of Governor of Gujarat.

Under Secretary to the
Government of Gujart
Home Department. ..,.

8. (;uiding Principles ror the relense or

• ':~ .4 Prisoner-or on parole.
. i .- .
-
:_ t
~

i -.
~
-
.
~
\ Government of Gujarat,
Home Department
No.MISC-1 065/POG4-J,
Sachivalaya, 'Ahmedabad-15.
Dated the 8th Augusl,l989.
:;
.,
-, Circular
r,.
Government has prescribed some guiding principles for the··
· -release· of Prisoners pn parole under Government Circular, Home
Department o. MISC~ "1065/2064-J, at the 31st" December ·1968. In J

addition to the causes mentioned therein, Government is pleased to.

direct that the following causes should also be considered as sufficient
_.-
for grant of parole:-
!. (1) Serious sickness of. Prisoner's mother, father, brother, sister,
j
•'
,:
·: .-

.•:-
\ wife and children.
(2) . Construction of house or management of properties only if
same are damaged due to natural calamities like
floods,fire,etc., and not otherwise in routine course.
(3) However some cases may be peculiar where discretion can
' ~-.:. -. .., .. be used by the sanctioning authority in grant of parole .
By order and in the name of the Governor of Gujarat,
( H.C. Anjaria)
Under Secretary to the
~ ..
Government of Gujarat
!_ ~ ·~. -- ~ •• -
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Home Department.

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*
Index

... Adverse police opinion

Aims ami c>hjccts
Bombay Prohihition Act

.. · l Breach of condition for furlough.

I
Circulars
\'!
Cash ~ccuritv
1 COFEPOSA
j:
·.. ~ . . I Conditions for release on furlough/parole
Declaration before release on furlough Jl.)

Distinction bctw~o::cn parole and furlough 4

..
J!l
Enquiries 2X
Extension of furlough 20
'·.·
·'· '11- ··. ·Ex-tension 'of parole ·2Y
Forms: }J

Furlough 5
Intimation of release 20.30
Journey expenses 20
MISA 25

\ N D P S Act
Parole
14
22
Personal Bond 15, }}
Preventive Detention 25
:,_.
,, ... Remission
Repeal
21, 26
31
Right to furlough. 22
Sa.nctioning Authority 5
Surety Bond 32
Surrender of Prisoners 21
Unsatisfactory conduct 12

· ..
I
.':.,
··.

i' ··~

i;;r. :~, . .·. '··:·:··: ..

 l

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!:·•
Tnhle Or Co5es

~ *

.. . I
Il -1
Table Of Cases

1 Ahdul Latif -Vs- Stale of Gujarat, 1987 (2) G L R 837. 26

Ala Ramji -V.s- State of Gujaral, 1991 (2) G L R 722 = 1992
Cri L J 867. 26
_.,
·'' Amritbhai -Vs-State of Gujarat. Cri L R (Guj) 233 = 1987
ri, \ (2) G L R 826. 27
l Atulji -Vs- State of Gujarat, 1984 G L H 139. n
' I
! Bahuhhai -Vs- State of Gujarat. 1989(2) G L R 820. 11
(
: Bahuhhai Unkahhai -V.s- State of Gujarat. 19R7 (2) G L R RK7. 25
l Balwanl -Vs- State of MaharashlrH, Cri W P No. 136 of 19Y4
l
i ,,..
decided on 10-8-1994. 15
t Bhanuprasad -Vs- State of Gl:ljarat. 1987 (2) G L R 778. 19
.1 ....
i
J Bharat-Vs- State of Maharashtra, Cri W P No.235 of 1997
• ~ • 4a

• \ • decided on' 21--H>LI-997. • '•' : o • ' o' o o '· 12

•· h
j Bhikabhai-Vs- State of Gujarat, A I R 1987 Guj 136-FB=
' 1987 Cri L J 1932~1987 Cri L R (Mah)151=1987 (2)
l· G L R 1178=(1987) 1 G L H 139. 3. 5, n
t
~' Bhipat -Vs- State of Gujarat 1987 Cri L R (Guj) 257=
1987 (1) G L R 5?6. 14
Central Prison -V.s- State of Gujarat, 1993 Cri L R 304. 11

. ' Chandrakant B Pawar -Vs- State of Maharashlra, 1996(2)

Mah. L R 269.
Chimanrao -Vs .. State of Gujarat. 1985 (1) G L R 452 =
1985 Cri L R (Guj) 211.
Gorakh -Vs- Government of Maharashtra 1993, Mah L J 1423.
10

29
10
Hansaben -Vs- Union of India, (1994) 4 S C C 148 = 1994 S C C
(Cri) 836. 26
Hasmukh -Vs- State of Gujarat, Cri · L R (Guj) 273 = 1995
(1) G L R 726. 23
I.shwarsinh-Vs- State of Gujarat. 1990 (2) G L R 1365. 4, 14
Jayant V Shelly -Vs- 3tate of Mahara.shtra. 1986 Cri L J 1298
=1986 (1) Born C R 311 =1986 Mah L R 431. 7, 24

I
i

1.,

0.!
 >. ~··

62 The Pri!;ons ( Dombny Furlungh And J>nn>le) Jtules, 1959.

Jina Mohan -V::;- State of Gujaral. 1987 (2) G L R 955. 8

. ·,
Juvansinh -Vs- State of Gujarat. 1973 GLR 104 9 J-

Kamleshkumar -Vs- Union of India .. 1995 Supp (3) S C C

732 = 1996 S C C (Cri) 86. 26
K.himji -Vs- State of Gujarat 1991 Cri L R (Guj) 513 = '
1991 (1) G L R 345. 12
Krishan Lal -Vs- State of Delhi. 1976 S C C (Cri) 146. 26
Maganbhai -Vs- State of Gujarat 1994 ~ri L R (Guj) 379. r2
\ Motisinh -Vs- State of Gujarat. 1994 Cri L R (Guj) 396=
1994 (2) G L R 1445. 14
Narsinh -V::;- State of Gujarat. 1988 Cri L R (Guj) 505=
. 1988 (2) G L R 1268. 11
Natia Jiria -Vs- State of Gujarat, 1984 Cri L J 936 = 1984
(1) G L R 464. 18. 29
Nijar -Vs- State of Gujarat, 1990 Cri L R (Guj) 374. 11

,
.. Poonam Lata -Vs- 'M L Wadhawan, (1987) 3 S C C 347
I·.:. ·..... ·. . . s
=; .1~87. .C c (C~i) 506 =.A 1 R 1987 s c 13~~
= 19~7 Cri L 1 1130.'.... . : . ... ·.- -. 4.25
.. .. _
·.-·. -
Prahlad D Uajbhiye -Vs- State of Maharashtra, 1994 Mah L J
.:· ., -.
1584=1994 Cri L 1 2555. 4,7
. t,:
' ~ Pushapadevi -Vs- Wadhawan, (1987) 3 S C C 367 = 1987
' !· S C C ( Cri)526 = A 1 R 1987 S C 1748 = 1987
~~·
. ·.·:,;: Cri L J 1888. 4, 25

\
:t .
R~maswamy -Vs- Govt of A P, 1997 Cri L J 3256. 28
Ramesh -Vs- State of Gujarat, 1989 (2) G L R 850. 6
Rodaji Mahaji -Vs- State of Gujarat, 1991 (1) G L R
648 = 1991 Cri L R (Guj) 318. 14
..
. f
Samir Chaterjce -Vs- State of W B, 1975 S C C (Cri)
340 = (1975) 1 S C C 801 = 1975 Cri L J 939. 25
Shakunatala Devi -Vs- State, 1996 Cri L J 2954. 26
Sharad Bhiku-Vs- State .of Maharashtra,1990 (3) Born
C R 633=1991 Cri L 1 2109. 7, 10, 24
Sharad K Mehta -Vs- State of Maharashtra, 1989 Cri L J 681. 10
Sheikh Salim - V~- State of Maharashtra, 1996(1) Mah L J 843. 14
Shivraj -Vs- State of Maharashtra, 1993 (3) Born C R 717. 28

l'

I · - - - · - - - r · ---
 .··
..

,.
,'o-:-

r
• I<
Tnhl~ i.H Lus.:s 63

Sunil -Ys- Union of India. (1989) 3 S C C 23o = 19K9

-·... S C C (Cri) 552 == A I R 19B9 1529 = 19S9 Cri L J 1489. 25
~ Surcsh Chandra - Vs- State or Gujarat, 1976 S C C
(Cri) 145 = 1976 Cr.i L J 1890 = A I R 1976 S C 2462.
\·:'. ~
26
Tcua Chand -V:s- State of Rajasthan, 1990 (Supp)
·' s c c 56. = 1990 sec (Cri) 60~ (I). 2o
1>'
t Vallabha -Vs- Commissioner of Police. 198l) Cri L J 2262. 11
\

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 64

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*
Abbreviations

AIR All India Reproter

Born C R Bombay Cases Reporter

\ Cri L J Criminal Law Journal

Cri L R Criminal Law Reporter

DB Division Bench

FB Full Bench

GLH Gujarat Law Herald

......
GLR · · · ·Guj~rat Law Reporter· ·

Mah L J Maharashtra Law Journal

I.
Mah L R Maharashtra Law Reporter
I sc Supreme Court

\ sec Supreme Court Cases

S C C (Cri) Supreme Court Cases

( Criminal)

.. --,-
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