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Judgment
Rule made returnable forthwith. Heard finally by
consent of the learned counsels appearing for the parties.
The Divisional Commissioner, Nagpur Division,
Nagpur, by his order dated 14.12.2017 has granted sanction
for release of the petitioner on parole for a period of 30 days
in exercise of his powers conferred by Rule 18(2) of the
Prisons (Bombay Furlough and Parole) Rules, 1959, by
imposing certain terms and conditions. The petitioner is
ready and willing to comply with all the terms and conditions
imposed in such order, but the authorities have refused to
follow the said order and release the petitioner on parole.
In the affidavit filed by the respondent, reliance
is placed upon Rule 19(2)(C)(ii) of the Prisons (Bombay
Furlough and Parole) Rules to urge that the petitioner would
not be entitled to release on parole prior to 05.04.2018, which
is the date on which the petitioner would complete a period of
6 months after his first release on furlough on 05.10.2017.
We are surprised with such a stand taken by the
respondent, firstly for the reason that instead of implementing
the order passed by the Divisional Commissioner, the
authorities have refused to release the petitioner on parole
and secondly, even on merits, we are not satisfied with the
stand taken by the respondent. The petitioner was released
on furlough leave by an order dated 13.09.2017 and he
reported in prison on 05.10.2017. No doubt, if the furlough
leave is to be granted, it cannot be within a period of 6
months from 05.10.2017.
In the present case, we are concerned with grant
of parole leave to the petitioner. The petitioner has completed
more than 3 years of his imprisonment counted from the date
of admission to prison and till this date, he was not released
on regular parole. The order dated 14.12.2017 passed by
the Divisional Commissioner is the first release of the
petitioner on parole and therefore, it is covered by Rule 19(2)
(C)(i) of the said Rules. The provisions of Rule 19(2)(C)(ii)
applies to next release on regular parole and not to furlough.
In view of this, we cannot sustain the action on the part of the
respondent. The petition will have to be allowed.
In the result, writ . The
respondent is directed to release the petitioner on parole as
per the order dated 14.12.2017 with effect from 15.01.2018.
Prior to that date, all compliances should be made. No order
as to cost.