When Competent Authority Concludes That The Prisoner Is Entitled To Emergency Parole, But Grants A Parole Of Less Than 14 Days, Then The Reasons For Doing So Must Be Recorded In Writing: Bombay High Court
In CRIMINAL WRIT PETITION NO. 354 and 604 OF 2019 Dilip S/o. Sopan Pawar Vs. The State of Maharashtra & Anr. With Muzammil Ataur Rehman Shaikh Vs. The State of Maharashtra & Anr. The Bombay high Court held that ,”When the Competent Authority considers the prayer for grant of emergency parole and comes to a conclusion that the prisoner is entitled to emergency parole, the Competent Authority must record brief reasons as to why instead of granting 14 days of emergency parole, the same is granted for lesser number of days. Fixing of the period of parole to minimum cannot be done arbitrarily and can be done only for the valid reasons.” CORAM : A. S. OKA, AND A. S. GADKARI, JJ DATE : 18th FEBRUARY, 2019 The Rule in question was the Prisons (Bombay Furlough and Parole) Rules, 1959 enacted by exercising Rule making power under Sub-Section (5) of Section 59 of the Prisons […]
