Convicts can get parole even with pending appeal
In August 2016, many prisoners including underworld don Arun Gawli were denied parole and furlough on the ground of Rule 4 (11).
Mumbai: After the prisoners’ protests in jail over the stringent parole and furlough rules of 2016, the state has decided to revise the Maharashtra Prisons (Furlough and Parole) Rules, 2016. According to the revised rules of Furlough and Parole Rules 2018, a convict, whose appeal is pending before the appellate court, will also be entitled to get a parole, unlike before.
The home department had come up with the rules; following the uproar over a murder convict Sajjad Mughal who jumped parole in 2016. Mughal had been convicted by a Sessions Court for murder of an advocate Pallavi Purkayasta. The Asian Age has accessed the revised Furlough and Parole Rules 2018. Sources in the Home Department said that Chief Minister Devendra Fadnavis approved the amended rules. Furlough will be not given to prisoners who are considered dangerous or have been involved in the serious prison violence, escape or facing probes under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), for rape or rape with murder, attempt to rape with murder and foreigner prisoners.
The Rule 4 (11) of 2016, stated "Whose appeal in conviction in Higher Court or any other cases filed against them by the Central Government or any of the State Governments in any of the Court pending and for which bail is not granted to him/her by the related Courts”, has been revoked. An official said, “The reason for revocation of rule 4 (11) is that as it gives different treatment to the prisoners and is discriminatory.
A senior prison officer, requesting anonymity, said, “The convict has the right to appeal. Hence, the prison department requested the home department to amend the rules so that the convicted people can also be given parole and furlough.”
In August 2016, many prisoners including underworld don Arun Gawli were denied parole and furlough on the ground of Rule 4 (11). But Gawli went to challenge the constitutional validity of Rule 4 (11) of Maharashtra Prisons (Parole and Furlough) Rules in the High Court. The Court granted him parole in October 2016 and the furlough was granted to Gawli for two weeks in April 2017.