Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018
Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018
Rule 1.
The rules may be called the Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment)
Rules, 2018.
1. After the Rule 1 of the Principal Rule, following Rule 1-A shall be inserted,
namely:-
(A) Objectives:-
Rule 2. For Rule 2 of the Principal Rules, following Rule shall be substituted, namely:-
(1) Sanctioning and Appellate Authority: The Deputy Inspector General of Prisons
(Regional) (hereinafter referred to as "the Sanctioning Authority") shall subject to
these rules be competent to grant furlough to convicted prisoners.
(3) The convicted prisoner may against the order of the Sanctioning Authority make an
appeal to the Additional Director General of Prisons and Inspector General of Prison
& Correctional Services within thirty days from the receipt of the refusing order:
Provided that, the appellate authority may, admit the appeal after the expiry of
the period of thirty days, if he is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time.
Rule 3. For Rule 3 of the Principal Rule, following Rule shall be substituted, namely:-
Subject to the provisions of rule 2 above, the convicted prisoners shall be eligible for furlough
as per following criteria:-
(A) A prisoner, sentenced to imprisonment for a period exceeding one year but
not exceeding five years,
(1) Shall become eligible for furlough on completion of one year of actual
imprisonment.
(2) Shall become eligible for second release on furlough after completion
of six months of actual imprisonment from the date of last return
from furlough.
(3) Shall become eligible for subsequent releases after completion of six
months of actual imprisonment from the date of last return from
furlough.
(B) A prisoner, sentenced to imprisonment for a period exceeding five years but
not exceeding fourteen years,
actual imprisonment.
(2) Shall become eligible for second release on furlough after completion
of one year of actual imprisonment from the date of return from
furlough granted for the first time.
(2) Shall become eligible for second release on furlough after completion
of one year of actual imprisonment from the date of last return from
furlough.
Rule 4. For Rule 4 of the Principal Rule, following Rule shall be substituted, namely:-
All Indian prisoners except from following categories whose annual conduct reports are
good shall be eligible for furlough:-
(6) Prisoners whose work and conduct are, in the opinion of the
Superintendent of the Prison, not satisfactory enough;
(10) Prisoners who have at any time escaped or attempted to escape from
lawful custody or have defaulted in any way in surrendering
themselves at the appropriate time after release on parole or furlough;
(13) Who is sentenced for offences such as terrorist crimes, mutiny against
state, kidnapping for ransom (Prisoners may be eligible for furlough
after completion of stipulated sentence in the respective section);
(15) Prisoners convicted for failure to give surety for maintaining peace or
good behavior;
(16) Prisoners suffering from mental illness, if not certified by the Medical
Rule 5. For the Rule 5 of the Principal Rule, the following Rule shall be substituted,
namely:-
Rule 6. For the Rule 6 of the Principal Rule, the following Rule shall be substituted,
namely:-
6.A prisoner shall not be granted furlough unless he can provide a suitable surety willing to
receive him. Family members, relatives or friends of the prisoner, if of good antecedents, may
stand for him or the Member of local bodies, Police Patil or Registered Medical Practitioner of
the home town may if willing and acceptable also be allowed to stand surety. The surety
chosen must be willing to enter into a surety bond as in 'Form A' appended to these rules for
such amount as may be fixed by the sanctioning authority.
Provided that the sanctioning authority may dispense with the requirement for a surety
where prisoners are confined in open prisons as defined in clause (b) of rule 2 of the
Maharashtra Open Prison Rules, 1971.
Rule 7.
For the Rule 8 of the Principal Rule, following Rule shall be substituted, namely:-
Rule 8.
(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 concerned Deputy Inspector- General of Prisons through the
Superintendent of Prison stating clearly the name and full address of the place
where he desires to spend the furlough, the full name of the relative willing to
receive him on furlough and prepared to execute the surety bond, and shall also
state whether he is in a position to bear the expenses of the journey both ways or
either way and, if not, the amount of expenses that may be required by him for
such journey.
(2) On receipt of the application under sub rule (1), the Superintendent of Prison shall,
unless the prisoner is prima facie not entitled to release on the furlough, forward it
within six days to the concerned Assistant Commissioner of Police in
Commissionerate or to the concerned Deputy Superintendent of Police of the area,
for the other areas, as the case may be, with such remarks as he deems fit. A copy
of this communication together with the prisoner's Nominal Roll shall be endorsed by
the Superintend of Prison to the concerned Deputy Inspector- General of Prisons and
such endorsement shall inter alia state:-
(a) the amount of money the prisoner has to his credit including the
amount he may have earned in prison,
(b) the amount of money required for the journey both ways,
(d) the name of the village, taluka and district and the State in which
the prisoner proposed to spend his furlough,
(b) Whether such relatives are willing to keep the prisoner while on
furlough.
(c) Whether they (viz., relatives) are willing to enter into surety bond.
(6) If on receipt of the application together with the recommendations under sub-rule
(3), the Sanctioning Authority considers within seventeen days that furlough be
granted, it shall make an order for the release of the prisoner on furlough on such
conditions as may be specified in the order.
(7) While rejecting furlough requests, the reasons shall be communicated to the prisoner
on which ground(s) his request for furlough has been rejected. The Superintendent
shall convey the cause of the rejection of his application and ensure that a copy of
the same is duly received by the prisoner.
(8) For rule 10 of the Principal rules, following rules shall be substituted, namely:-
10. The Sanctioning Authority shall grant furlough to a prisoner subject to his executing
a personal bond or giving cash security (the prisoners private cash and wages may be
taken as cash security) in Form C appended to these rules and also subject to a surety
executing a bond, in form A appended to these rules, if so required. The release may
further be subject to all or any of the following conditions:-
(1) that the said prisoner shall reside at taluka ..... in the .....
(2) that the said prisoner shall be of good behavior and shall not commit
any offence punishable by or under any law in force in India,
(3) that the said prisoner shall not associate with bad characters or lead
a dissolute life,
(4) that the said prisoner shall, in case he proposes to change his
religion during the period of furlough, give a minimum of seven days'
prior intimation to the said Assistant Commissioner of Police/Deputy
Superintendent of Police of the area as also the Superintendent of
Prison from which he has been released, about such intention and he
shall also furnish them with information regarding the new religion
and the new name, if any, which he proposes to adopt.
(5) that the said prisoner will surrender himself to the Superintendent of
the Prison from which he was released on the expiry of the period of
furlough.
(6) that the said prisoner will report twice a week or as ordered by
sanctioning authority to the Officer- in charge ( ) Police Station during
the period of furlough.
(7) that the said prisoner shall be de-barred from visiting ---------------
(insert place) such as the place where the offence was committed for
which the person was convicted or to restrict the movement of the
prisoner.
(8) such other conditions that are imposed in the furlough or parole
release order (list .......)
Rule 9. For rule 11 of the Principal rules, following rules shall be substituted, namely:-
11. Before releasing a prisoner on furlough, declaration as under shall be taken from him on
the release order itself:-
"I hereby accept and agree to abide by the above conditions of the release order and I
acknowledge that should I fail to fulfill these conditions or any portions of them, the
Sanctioning Authority may revoke the order of release and forfeit the amount of security
furnished by me, and I may be arrested by any Police Officer without warrant and
remanded to undergo the unexpired portion of my sentence, and I further acknowledge
that should I fail to fulfill these conditions or any portion of them, I am liable to be
punished, on conviction, with imprisonment for the term which may extend to two years
or with fine which may extend to Rs. 1,000 or with both, under Section 51- B of the
Prisons Act, 1894, as applicable to the State. I further acknowledge that should I fail to
surrender on the due date after the expiry of furlough period then I shall be liable to
be prosecuted under Section 224 I. P.C."
Rule 10.
Rule 13 (Provision of extension of the period of furlough) of the principal rules shall be deleted.
Rule 11.
For rule 14 of the Principal rules, following rules shall be substituted, namely:-
(iv) if the prisoner hails from State other than Maharashtra, to the DM/SP
of concerned district.
(2) Where a prisoner does not surrender himself to the prison authorities after
the expiry of the period of furlough, the Sanctioning Authority may, if it is
satisfied that any of the conditions on which the furlough was granted has
not been fulfilled, cancel its order granting such furlough. An intimation
regarding such cancellation shall forthwith be given by the Superintendent of
Prison to the Officers specified in clauses (ii), (iii) and (iv) of sub- rule (1).
Upon such intimation, the police authorities may arrest the prisoner, if at
large, and remand him to undergo the unexpired portion of his sentence.
(3) Where a prisoner does not return from furlough, the prison authorities shall
place his photograph and details on the website of the State Crime Record
Bureau and inform the State CID and the prison authority shall file a case
under section 224 of I. P.C. After registering such case, if the prisoner is not
arrested, concerned police station shall initiate procedures under section 82 &
83 of the Cr. P.C. 1973.
Rule 12. For rule 16 of the Principal rules, the following rule shall be substituted,
namely:-
Rule 13. For rule 19 of the principal rules, following rules shall be substituted, namely:-
(A) All convicted prisoners except foreigner and death sentenced prisoners
may be eligible for emergency parole for 14 days for death of
parental grandfather or
grandmother/father/mother/spouse/son/daughter/brother/sister and
marriage of son/daughter/brother/sister, provided that no extension can
be granted to emergency parole,
All the prisoners eligible for furlough shall be eligible for regular parole for
following reasons:-
In case of Regular Parole, eligibility and limits of parole days will be as follow:-
Rule 14. For the Rule- 20 of the Principal Rule, following Rule shall be substituted,
namely:-
20. Parole is not an incentive and thus shall not be counted towards the remission of the
sentence.
Rule 15. For rule 22 of the Principal rules, following rules shall be substituted, namely:-
22. (1) Any prisoner desiring to be released on parole shall ordinarily submit his application (in
triplicate) in Form D appended to these rules to the Superintendent of Prison who shall endorse
his remarks thereon and submit one copy direct to the Competent Authority within six days
along with the nominal roll of the prisoner and the other to the Deputy Superintendent of
Police of the area in hich the prisoner proposes to spend his parole period or to the concerned
Assistant Commissioner of Police if such place is in Commissionerate area.
Note- Prisoners who apply for parole on false grounds or who abuse the concession or
commit breach of any of the conditions of parole are liable to be punished under section
51-B of the Prisons Act, 1894, as applicable to the States.
Rule 16. For rule 23 of the principal rules, following rules shall be substituted, namely:-
23. On receipt of an application for parole, the Competent Authority may make such enquiries
as it considers necessary, and pass such orders as it considers fit. If the Competent Authority
considers that there is no objection to release the prisoner concerned on parole it shall make
an order for his release on parole within seventeen days from the date of receipt of enquiry
report from The Deputy Superintendent of Police or the Assistant Commissioner of Police
concerned as contemplated in Rule 22 (2).
NB: (1) The onus of submitting Police enquiry report within a period of fifteen days
shall lie on related Police authority and electronic modes of communication such as e-
mail/fax shall be used for communicating the enquiry report.
(2) The medical certificate submitted by prisoners for parole leave shall be
verified and attested by Civil Surgeon/medical Superintendent/Local Medical
Officer of Public Health Centre.
Rule 17. After rule 24 of the principal rules, the following new rule- 24- A shall be
inserted,
"24A. Conditions subject to which prisoner may be granted parole- The Competent Authority to
approve parole may grant parole to a prisoner subject to his executing a surety bond in Form
A, a personal bond in Form B and the prisoner depositing a refundable deposit as decided by
the Superintendent of the respective prison to observe all or any of the conditions mentioned
therein and any other condition as specified by Competent Authority additionally:
Provided that when prisoners convicted of serious offences are released on parole, a
condition shall be included in the parole order directing or requiring the prisoner to
report at the Police Station nearest to the place where he intends to spend his parole,
twice a week or as ordered by sanctioning authority:
Provided that, if he does not surrender on due date, the amount of deposit shall be
forfeited and the prison authority shall also register a case under section 224 I. P.C.
After registering such case, if the prisoner is not arrested, concerned police station shall
initiate procedure under section 82 and 83 of the Criminal Procedure Code, 1973."
"I hereby accept and agree to abide by the above conditions of the release order
and I acknowledge that should I fail to fulfill these conditions or any portions of
them, the Sanctioning Authority may revoke the order of release and forfeit the
amount of security furnished by me, and I may be arrested by any Police Officer
without warrant and remanded to undergo the unexpired portion of my sentence,
and I further acknowledge that should I fail to fulfill these conditions or any
portion of them, I am liable to be punished, on conviction, with imprisonment for
the term which may extend to two years or with fine which may extend to Rs.
1,000 or with both, under Section 51- B of the Prisons Act, 1894, as applicable
to the State. I further acknowledge that should I fail to surrender on the due
date after the expiry of parole period then I shall be liable to be prosecuted
under Section 224 I. P.C."
24B. If the parole order is contrary to the provisions, concerned Superintendent shall refer it
back to the Sanctioning Authority mentioning the contradiction. The Sanctioning Authority shall
reconsider such reference received from Superintendent of concerned Prison.
Rule 18.
Rule 25 (extension of the period of parole) of the principal rules shall be deleted.
Rule 19. For rule 27 of the principal rules, following rules shall be substituted, namely:-
(1) Whenever any prisoner is released on parole, an intimation of his release on parole
shall forthwith be given by the Superintendent of Prison to the authority which
granted him parole and copies thereof shall also be sent:-
(i) to the Additional Director General of Police and Inspector General of Prisons
& Correctional Services, regional Dy. I. G. of Prisons.
(2) Where a prisoner does not surrender himself to the prison authorities after the
expiry of the period of parole, the Competent Authority shall cancel its order
granting such parole. An intimation regarding such cancellation shall forthwith be
given by the Superintendent of Prison to the officers specified in clause (ii) of sub-
rule (1). Upon such intimation, the police authorities shall arrest the prisoner, under
section 224 of I. P. C., if at large, and remand him to undergo the unexpired
portion of his sentence after registering the case under section 224 I. P. C. If
prisoner is not arrested by the police, concerned police shall take action as per
section 82 & 83 of Criminal Procedure Code, 1973.
Rule 20.
Prisons (Bombay Furlough and Parole) (Amendment) Rules, 2012 as notified vide Notification
No. RJM-2003/C.R 32/PRS-2, dated 23.2.2012, Maharashtra Prisons (Bombay Furlough and
Parole) (Amendment) Rules, 2015 notified vide Notification No. JLM-1013/C.R.115/13/PRS-2,
dated 1.12.2015 and Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 2016 notified
vide Notification No. MIS-1316/C.R.669/16/PRS-3, dated 26.8.2016 are hereby superseded.