Maha amends prison rules; no parole for rapists, murderers

Convicts serving jail sentence for crimes like rape, murder and dacoity in Maharashtra will henceforth not get "regular" parole.
Those convicted for offences like rape, rape and murder, smuggling of narcotic or psychotropic substances and dacoity will not be eligible for "regular" parole, as per the amendments made in the prison's manual by Maharashtra government.
Additional DG (Prisons) B K Upadhyay said a notification has been issued by the government making amendments to the Maharashtra Prisons Rule, 1959.
Changes were made to the parole and furlough rules in the wake of flak the Home department received after Sajjad Mogul, serving a life sentence at Nashik Central Jail in the murder case of Mumbai-based lawyer Pallavi Purkayastha, jumped parole earlier this year. Mogul has not been traced since then.

According to the amended rules, a person whose appeal of conviction in higher court or any other cases filed against them either by central or state governments in any of the courts are pending and for which bail has not been granted by the related courts, will not be eligible for furlough.
A convict who does not have sound mental health as per his medical report, too will not be eligible for the leave.

Furlough will also be not granted to convicts sentenced for offences like dacoity, terrorist crimes, mutiny against state, kidnapping for ranson, smuggling of narcotic or psychotropic substances, rape, rape with murder and also those sentenced to life imprisonment till death.

Convicts, however, will be eligible for "emergency" parole, which will be granted in the event of death of grandfather, grandmother, father, mother, spouse, son, daughter, brother or sister.
It will also be applicable in case of serious illness of father, mother, spouse, son or daughter and marriage of son, daughter, brother or sister.
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A person involved in prison crimes like assault, outbreak of riot, mutiny or escape, instigating violation of prison discipline or who in the opinion of police/prison authorities is likely to jump furlough, or one whose immediate presence in society may be dangerous and may disturb public peace will not be eligible for furlough.

Those involved in sexual offences against minor and human trafficking will also not be eligible for this category of leave.
According to the amended rules, emergency parole will be granted for a maximum of seven days and there will be no extension. The Department has also increased the surety amount for this leave from a minimum of Rs 5,000 to Rs 15,000.
The government has divided regular parole into three categories--for an average sentence of up to five years, up to 14 years and exceeding 14 years.
Parole can be granted for 45 days, extendable up to 60 days in all three categories. But, the duration of jail term after which a convict becomes eligible to avail the parole varies under all three categories.

The revised laws have also revised the duration after which a prisoner will become eligible to apply for parole a second time.