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Judgment
Rule made returnable forthwith. Heard finally with the
consent of the learned Counsels appearing for the parties.
The claim in this petition is for emergency parole for a
period of seven days on the ground of serious illness of father and it
has been rejected by the Divisional Commissioner, Nagpur on
16.10.2017 assigning the reason that grant of such parole in matters
pending in appeal is prohibited as per amended rule 4(b)(11) of the
Prisons (Bombay Furlough and Parole) Rules, 1959.
Apparently, Rule 4(b)(11) of the Rules relied upon
applies to regular parole and not to emergency parole, which is
covered by Rule 19. Rule 19(1)(A) of the Rules states that all
convicted prisoners may be eligible for emergency parole for the
reasons stated therein and clause (b) thereof provides for serious
illness of father/mother/spouse/son/daughter. About existence of
serious illness of father in the present case, there is no dispute and
the report of Police Authorities approves it. Petitioner cannot,
therefore, be denied the emergency parole and we cannot sustain the
order passed rejecting it.
In the result, the Writ Petition is allowed. The order
dt.16.10.2017 passed by the Divisional Commissioner, Nagpur
refusing to grant emergency parole is hereby quashed and set aside.
The petitioner is entitled to be released on emergency parole for a
period of seven days.
We expect the Authorities concerned to complete all the
formalities as far as possible by today itself i.e. on 25-1-2018 as
tomorrow is the 26th January, 2018 i.e. the Republic day. The
respondents shall be at liberty to impose all such conditions as they
deem fit and proper to secure return of the petitioner in the prison
after completion of the requisite period.
Steno copy of this order be immediately supplied to the
parties to act upon. Copy of this order be uploaded on internet
immediately after it is signed. Learned A.P.P. to communicate this
order to the concerned Authorities.