Ratna Rani Das vs State Of Tripura And Others

Akil Kureshi, CJ

The petition has been filed by the wife of a convict. The convict is undergoing life imprisonment for offence under Section 302 of the Indian Penal Code which is confirmed by the High Court. The wife of the convict has prayed for releasing him on parole on the ground that his daughter is going to get married on 03.10.2021. She has produced the marriage invitation card as a proof. We had requested the Government counsel to make available the jail record of the convict which would show that the convict has been in jail for over 5 years during which time he has enjoyed temporary release on four occasions and on all occasions he had surrendered in time. In fact, one such order of release dated 17.05.2018 under which he was granted parole for medical treatment for 30 days, also permitted him to leave the State.

The conduct of the convict and the reasons stated for his temporary release, would justify his release. Learned Addl. Government Advocate Mr. Mangal Debbarma, however, opposed this prayer on the ground that as per Rule 4A of the Prisoners (Release on Parole) Rules, 1998, any such release cannot exceed thirty six hours. In our opinion, this would be wholly incorrect reading of the statutory provisions. Section 31A has been inserted in the Prisoners Act, 1900 by way of State amendment which provides that the State Government or empowered authority may release a prisoner temporarily for a period not exceeding one month at a time subject to conditions that may be prescribed. Rule 4 of the Prisoners (Release on Parole) Rules, 1998 prescribes such condition of release as under:

"4. A prisoner may be released on parole under section 31A & 31B of the prisoners (Tripura Amendment) Act, 1979 if he fulfills the following conditions

(a) he is a Citizen of India;

(b) he has a family consisting all or anyone of the following members:

(a) Father, (b) Mother, (c) Minor Brother, (d) Un-Married Sister, (e) Wife, (f) Son, (g) Un-Married Daughter;

(c) he has a Residential House either of his own or of any member of his family in anywhere in India;

(d) he is not a Habitual Offender;

(e) he has not suffered imprisonment earlier in connection with any case;

(f) he has no other Criminal Case pending against him in any Court of Law;

(g) his conduct, in the opinion of the Inspector General of prisons, is uniformly good;

(h) the offence for which he has been convicted does not in the opinion of the State Govt. involve gross moral turpitude or mental depravity."

The State Government issued a notification dated 02.04.2016 and inserted Rule 4A in the said Rules which provides that notwithstanding anything contained in Rule 3 or 4 the Inspector General of Prisons in exceptional cases release a convict on parole for a period not exceeding ten hours excluding the period required to journey to and fro the destinations on specified grounds such as, death or funeral of family members or serious illness of family member etc. This rule was further amended under a notification dated 24.01.2020 along with substitution of Rule 4. The period for emergency release was extended to 36 hours instead of 10 hours. It is not necessary to refer to substituted Rule 4 since nothing turns on contents thereof.

We do not think in the present petition we should restrict the release of the petitioner to 36 hours since we are not exercising powers under Rule 4A of the Prisoners (Release on Parole) Rules, 1998. Rule 4 which is in consonance with Section 31A of the Prisoners Act, 1900 retains the power of the authority to release a prisoner for a period of one month at a time which of course would be subject to conditions which are prescribed therein. Rule 4A on the other hand is a power to release a prisoner on emergency for special circumstances such as, death or serious illness of a family member. This rule starts with an expression "notwithstanding anything contained in Rule 3 and Rule 4". In other words, such powers can be exercised without insisting on fulfilling the conditions contained in Rule 4 and that is why a shorter period of release is envisaged.

Looking to the convict's conduct and the period of sentence already undergone, he shall be released on parole latest by 30th September for a period of 15 days on his release to attend to his daughter's wedding which is scheduled on 03.10.2021 on the condition that he shall furnish a personal bond of Rs.5,000/- with one surety of like amount. He shall surrender upon completion of the period of parole.

Petition disposed of accordingly.

Pending application(s), if any, also stands disposed of.