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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

The document outlines amendments made to the Maharashtra Prisons (Mumbai Furlough and Parole) Rules of 1959. Key points include: 1. It defines the objectives of furlough and parole leaves for inmates as enabling them to maintain family ties and deal with family matters, avoid the negative effects of prolonged prison life, maintain self-confidence, and develop hope and interest in life. 2. It establishes the Deputy Inspector General of Prisons (Regional) as the authority to grant furlough and sets up an appeals process. 3. It specifies new eligibility criteria for furlough based on sentence length and time already served.

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0% found this document useful (0 votes)
255 views16 pages

Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

The document outlines amendments made to the Maharashtra Prisons (Mumbai Furlough and Parole) Rules of 1959. Key points include: 1. It defines the objectives of furlough and parole leaves for inmates as enabling them to maintain family ties and deal with family matters, avoid the negative effects of prolonged prison life, maintain self-confidence, and develop hope and interest in life. 2. It establishes the Deputy Inspector General of Prisons (Regional) as the authority to grant furlough and sets up an appeals process. 3. It specifies new eligibility criteria for furlough based on sentence length and time already served.

Uploaded by

AM
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

MAHARASHTRA PRISONS (MUMBAI


FURLOUGH AND PAROLE) (AMENDMENT)
RULES, 2018
PREAMBLE
In exercise of the powers conferred by clauses (5) and (28) of section 59 of the Prisons Act (IX of
1894), in its application to the State of Maharashtra, and all other powers enabling it in that behalf,
the Government of Maharashtra hereby makes the following rules further to amend the Maharashtra
Prisons (Mumbai Furlough and Parole) Rules, 1959, namely:-

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:-

Furlough and Parole leaves to inmates are progressive measures of


correctional services. The objectives of releasing a prisoner on leave are:-

(a) To enable the inmate to maintain continuity with his


family life and deal with family matters,

(b) To save him from evil effects of continuous prison life,

(c) To enable him to maintain and develop his self-


confidence,

(d) To enable him to develop constructive hope and active


interest in life.

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.

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

(2) If an application of release on furlough is refused by the Sanctioning Authority, an


appeal shall lie to the Additional Director General of Prisons and Inspector General
of Prison & Correctional Services.

(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.

(4) The decision of the appellate authority shall be final.

Rule 3. For Rule 3 of the Principal Rule, following Rule shall be substituted, namely:-

When prisoner may be granted furlough:-

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.

(4) Prisoner shall not be given furlough exceeding 21 days in calendar


year.

(B) A prisoner, sentenced to imprisonment for a period exceeding five years but
not exceeding fourteen years,

(1) Shall become eligible for furlough on completion of two years of

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

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.

(3) Shall become eligible for subsequent releases on furlough after


completion of six months of actual imprisonment from the date of last
return from furlough.

(4) Prisoner shall not be given furlough exceeding 21 days in a calendar


year for first five years of his imprisonment and thereafter for the
period not exceeding 28 days.

(C) A prisoner, sentenced to imprisonment for a period exceeding fourteen


years,

(1) Shall become eligible for furlough on completion of three years of


actual imprisonment.

(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.

(3) Shall become eligible for subsequent releases on furlough after


completion of six months of actual imprisonment from the date of last
return from furlough.

(4) Prisoner shall not be given furlough exceeding 21 days in a calendar


year for the first five years of his imprisonment and thereafter for the
period not exceeding 28 days.

NB: 1- The period of imprisonment in this rule includes the sentence or


sentences awarded in lieu of fine in case of amount of fine is not paid.

2- For calculation of sentences for the purposes of eligibility for leave,


'sentence' shall mean a sentence as finally fixed on appeal, or revision, or
otherwise, and includes an aggregate of one or more sentences. However,
the actual imprisonment shall be inclusive of set- off period undergone in
that specific case.

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

3- An order sanctioning the release of a prisoner on furlough shall cease


to be valid if not given effect to within a period of two months from the
date thereof. However sanctioning authority may extend such validity for
further two months.

4- A register shall be maintained in the prison in the prescribed form in


which all cases of prisoners eligible for leave shall be posted three
months in advance of the date on which they become eligible for it.
Appropriate entries in this regard shall also be made in the History
Tickets of the inmates concerned.

Rule 4. For Rule 4 of the Principal Rule, following Rule shall be substituted, namely:-

"4. Eligibility for furlough:-

All Indian prisoners except from following categories whose annual conduct reports are
good shall be eligible for furlough:-

(1) Habitual prisoners;

(2) Prisoners convicted of offences under sections 392 to 402 (both


inclusive) of the Indian Penal Code (Prisoners may be eligible for
furlough after completion of stipulated sentence in the respective
Section);

(3) Prisoners convicted of offences under the Bombay Prohibition Act,


1949 (Prisoners may be eligible for furlough after completion of
stipulated sentence in the respective section);

(4) Prisoners whose release is not recommended in Police


Commissionerate area by the Assistant Commissioner of Police and
elsewhere, by the Deputy Superintendent of Police on the grounds of
public peace and tranquility;

(5) Prisoners who, in the opinion of the Superintendent of prison show


tendency towards crime;

(6) Prisoners whose work and conduct are, in the opinion of the
Superintendent of the Prison, not satisfactory enough;

(7) Prisoners confined in the Ratnagiri Special Prison (other than


prisoners transferred to that prison for Prison services);

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

(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 obtained (Prisoners may be eligible for
furlough after completion of stipulated sentence in the respective
section);

(9) A prisoner or class of prisoners in whose case the State Government


has directed that the prisoners 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 or furlough;

(11) Prisoners whose presence is considered dangerous or otherwise


prejudicial to public peace and order by the District magistrate and
Superintendent of Police;

(12) Prisoners who are considered dangerous or have been involved in


serious prison violence like assault, outbreak, riot, mutiny or escape,
or who have been found to be instigating the serious violation of
prison discipline, smuggling of narcotic and psychotropic substances
including convicted under Narcotic Drugs and Psychotropic Substances
Act, 1985 (61 of 1985), rape or rape with murder, attempt to rape
with murder and foreigner prisoners (Prisoners may be eligible for
furlough after completion of stipulated sentence in the respective
section);

(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);

(14) Who is sentenced with death;

(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

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

Officer to have recovered;

(17) Prisoners convicted of offence against any law relating to matters to


which the executive power of the Union Government extends, unless
approved by the Union Government;

(18) Prisoners whose release on leave is likely to have repercussions


elsewhere in the country;

(19) Prisoners whose release on leave is likely to have repercussions


during the period of code of conduct of Local bodies, Legislature and
Parliament elections;

(20) Who in the opinion of police/prison authorities are likely to jump


furlough;

(21) Those involved in sexual offences against minor and human


trafficking."

Rule 5. For the Rule 5 of the Principal Rule, the following Rule shall be substituted,
namely:-

5. Ordinarily furlough shall be granted to a prisoner within a period as prescribed in rule 3.

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:-

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

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,

(c) the amount of security the Superintendent considers proper,

(d) the name of the village, taluka and district and the State in which
the prisoner proposed 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.

(2-A) The Assistant Commissioner of Police/Deputy Superintendent of Police of the


area, as the case may be, should be requested to furnish, alongwith his
opinion the following information regarding the relatives of the prisoner with
whom he intends to stay while on furlough:-

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

(a) Their relationship with the prisoner concerned.

(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.

(2-B)The report from the Assistant Commissioner of Police/Deputy Superintendent of


Police of the area, as the case may be, shall be called for the period of
furlough period.

(3) The Assistant Commissioner of Police/Deputy Superintendent of Police of the area, as


the case may be, shall thereafter forward the application within twenty two days to
the Deputy Inspector- General of Prisons together with his recommendations.

(4) The Assistant Commissioner of Police/Deputy Superintendent of Police of the area


shall, before forwarding the application to the Deputy Inspector- General of Prisons
cause enquiries to be made regarding the prisoner's statement, if any, that he is not
able to bear the expenses of the journey both ways or either way, as the case may
be, and make recommendations accordingly.

(5) If furlough is not recommended, adequate reasons therefore shall be given.

(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 .....

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

District/Greater Bombay during the period of release on furlough and


shall not go beyond the limits of the said District/Greater Bombay
without the permission of the Assistant Commissioner of Police ..... or
Deputy Superintendent of Police concerned..... or such Officer as the
said Assistant Commissioner of Police ..... or deputy Superintendent of
Police ..... may appoint in this behalf,

(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.

Or that the said prisoner shall, immediately on arrival at the place


mentioned in (1) above, report at the Police Station nearest to the said
place, and thereafter.

(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 .......)

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

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:-

(1) Whenever any prisoner is released on furlough an intimation of his release


on furlough shall forthwith be given by the Superintendent of Prison:-

(i) to the Deputy Inspector- General of Prisons.

(ii) to the Deputy Superintendent of Police of the area in which the


prisoner intends or agreed to spend his/her furlough and if the
prisoner intends or agreed to spend his/her furlough in
Commissionerate area, to the Assistant Commissioner of Police
concerned,

(iii) to the Deputy Superintendent of Police of the area in which the


prisoner was convicted and if the prisoner was convicted in
Commissionerate area to the Assistant Commissioner of Police
concerned,

(iv) if the prisoner hails from State other than Maharashtra, to the DM/SP
of concerned district.

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

(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:-

16. The furlough period shall be counted as remission of sentence.

Rule 13. For rule 19 of the principal rules, following rules shall be substituted, namely:-

"19. When a prisoner may be released on emergency parole:-

(1) Emergency Parole:-

(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,

(B) Emergency Parole may be granted by the Superintendent of Prison


for the reason of death of parental grandfather or
grandmother/father/mother/spouse/son/daughter/brother/sister and by
concerned Dy. I. G. for the reason of marriage of
son/daughter/brother/sister and the Authority approving emergency
Parole shall decide whether to grant parole under police escort or
with a condition to report daily to the local police station depending
upon the crime committed by the prisoner and his conduct during his
stay. The expenses of police escort will be borne by the prisoner

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

himself prior to his release on parole.

(2) Regular Parole-

All the prisoners eligible for furlough shall be eligible for regular parole for
following reasons:-

a. Serious illness of father/mother/spouse/son/daughter

b. Delivery of wife (except high security risk prisoners)

c. In case of natural calamities such as house collapse, flood,


fire, earthquake, etc.

Provided that, a prisoner shall not be released on emergency or


regular parole for the period of one year after the expiry of his
last emergency or regular parole except in case of death of his
nearest relatives mentioned above.

In case of Regular Parole, eligibility and limits of parole days will be as follow:-

(A) When average sentence of prisoner is not exceeding 5 years,

(i) Prisoner may be considered for first release on regular


parole after completion of one year of imprisonment
counted from the date of admission to prison under
convicted crime, provided six months have been passed
from his last furlough.

(ii) Prisoner shall be eligible for subsequent release on


regular parole after completion of six months of actual
imprisonment to be counted from his last return either
from furlough or regular parole

(iii) Prisoner shall be eligible for maximum of 45 days of


parole in a year which can be extended up to 60 days
once in three years only under exceptional
circumstances

(B) When average sentence of prisoner exceeds 5 years but not


more than 14 years,

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

(i) Prisoner may be considered for first release on regular


parole after completion of two years of imprisonment
counted from the date of admission to prison under
convicted crime provided six months have been passed
from his last furlough.

(ii) Prisoner shall be eligible for next release on regular


parole after completion of one year of actual
imprisonment and subsequent releases then onwards
after completion of six months of actual imprisonment
to be counted from his last return every time either
from furlough or regular parole

(iii) Prisoner shall be eligible for maximum of 45 days of


parole in a year which can be extended up to 60 days
once in three years only under exceptional
circumstances.

(C) When prisoner is sentenced to life or whose average sentence


exceeds 14 years,

(i) Prisoner may be considered for first release on regular


parole after completion of three years of imprisonment
counted from the date of admission to prison under
convicted crime provided six months have been passed
from his last furlough.

(ii) Prisoner shall be eligible for next release on regular


parole after completion of one year of actual
imprisonment and subsequent releases then onwards
after completion of six months of actual imprisonment
to be counted from his last return every time either
from furlough or regular parole

(iii) Prisoner shall be eligible for maximum of 45 days of


parole in a year which can be extended up to 60 days
once in three years only under exceptional
circumstances.

Rule 14. For the Rule- 20 of the Principal Rule, following Rule shall be substituted,

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

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.

(2) The Deputy Superintendent of Police or the Assistant Commissioner of Police


concerned, as the case may be, shall immediately make enquiries to ascertain
whether the ground or grounds on which parole is applied for, is or are genuine and
submit within fifteen days his report to the Competent Authority mentioning inter
alia whether it recommends the grant of parole and also whether there is a
likelihood of breach of peace if the prisoner is released on parole.

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

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

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."

Before releasing a prisoner on parole, 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 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.

(ii) to the Deputy Superintendent of Police, in which the prisoner intends to


spend his/her parole or to the concerned Assistant Commissioner of Police if

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Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018

the prisoner intends to spend his/her parole period in Commissionerate area.

(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.

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