Bombay High Court
Ansar Khan Ibrahim Khan Pathan vs The Superintendent Central Prison, ... on 2 February, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:1409-DB
Judgment wp106.24
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION No. 106 OF 2024.
Ansar Khan Ibrahim Khan Pathan,
Aged about 38 years,
Convict No.C/10862, presently
at Central Prison, Nagpur. ... PETITIONER.
VERSUS
The Superintendent, Central Prison,
Nagpur. ... RESPONDENT.
---------------------------------
Mr. M.N. Ali, Advocate for the Petitioner.
Ms N. Tripathi, A.P.P. for the Respondent.
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CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : FEBRUARY 02, 2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard.
Rgd.
Judgment wp106.24
Rule. Rule is made returnable forthwith and by consent
of the learned Counsel present for the parties, the matter is taken up
for final disposal.
2. The petitioner, a life convict, has applied for death parole
which was initially granted for 7 days with police escort. Since the
petitioner was not in a position to bear necessary charges, he has
applied for modification. After considering the financial constraints
of the petitioner, the Authority has modified the order by reducing
the period of emergency parole from 7 days to 1 day with police
escort.
3. Being aggrieved by the modified order the petitioner has
approached this Court. It is submitted that there is no justification in
reducing the period of death parole, as well as the condition of police
escort. Reliance is placed on the decision of this Court in case of
Wasim Khan Azim Khan .vrs. The Superintendent, Central Prison,
Nagpur - Criminal Writ Petition No.376/2023 decided on
09.06.2023.
Rgd.
Judgment wp106.24
4. In said decision, this Court has considered the relevant
provisions of Rule 19[1][A] of the Prisons [Bombay Furlough and
Parole] Rules, 1959, as well as the earlier pronouncement of this
Court in case of Dilip Sopan Pawar .vrs. State of Maharashtra and
another - Criminal Writ Petition No.354/2019 decided on
18.02.2019, with special reference to paragraph no.7 therein, which
reads as under :
"Two issues arise in these Petitions. We have
already quoted clause (A) of Sub-Rule (1) of Rule
19 of the said Rules of 1959. If this provision is
considered in the context of Sub-Rule (2) of Rule
19 which deals with the regular parole, even if a
prisoner attracts a disqualification for grant of
furlough as per Rule 4 of the said Rules of 1959, on
that ground, emergency parole cannot be denied.
Sub-Rule (2) of Rule 19 specifically states that all
the prisoners who are eligible to grant of furlough,
shall be eligible for the regular parole. Thus, if a
prisoner is dis-entitled to furlough by virtue of the
disqualifications laid down in Rule 4, he is dis-
entitled to regular parole under Sub-Rule (2) of
Rule 19. Such a condition is not incorporated in
Sub-Rule (1) of Rule 19 which deals with the
Rgd.
Judgment wp106.24
emergency parole."
In the light of said decision, there is no hurdle in granting emergency
parole which according to Rule 19[1][B] of the Parole Rules, shall be
for an initial period of 7 days, which can be extended upto 14 days.
5. We have gone through the police report which has not
doubted the reason regarding death of father of the petitioner. Our
anxiety was to consider the police report to see whether any adverse
material has been adduced to make the petitioner dis-entitle for the
parole leave, however, the police report is not adverse to that effect.
6. Petitioner's father expired on 18.12.2023, and he intend
to follow the customary rituals. When the statute permits 7 days
period, unless there are reasons, we do not see any justification to
curtail the period less than that. Moreover, there is no report that if
the petitioner is released on emergency parole without escort, there
is likelihood of some untoward occurrence.
Rgd.
Judgment wp106.24
7. In view of above, criminal writ petition needs to be
allowed, hence, the following order.
ORDER
(i) Criminal Writ Petition is allowed and disposed of.
(ii) The impugned order dated 20.12.2023 and 20.01.2024
passed by the Superintendent, Central Prison, Nagpur is
hereby modified to read, that the petitioner be released
on emergency parole leave for 7 days without any
escort. The Authorities shall act accordingly by
imposing suitable conditions which it may deem fit.
(iii) Rule is made absolute in aforesaid terms.
JUDGE JUDGE
Rgd.
Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 05/02/2024 18:27:09
