HC upholds validity of prison rule for robbery and dacotiy convicts

Mumbai, Aug 16 (UNI) In a landmark order, the Bombay High Court has upheld the validity of a prison rule that people convicted for dacoity and robbery are not entitled to be let out on parole or furlough.

A division bench of Justice R M S Khandeparkar and Justice Amjad Sayed on Thursday dismissed a number of petitions challenging the constitutional validity of Rule 4(2) of the Prison (Bombay Furlough and Parole) Rules, 1959, that disentitles people convicted under 11 sections of the Indian Penal Code to be let out of prison on parole or furlough.

While opposing the petitions, Public prosecutors Satish Borulkar and Pradeep Hingorani told the court that if people convicted for robbery or dacoity were released on parole or furlough, they could be a threat to the society. The bench agreed with the submission.

Several inmates, including one Babasaheb Gawade, convicted for robbery and dacoity, had moved the high court after their applications for furlough were rejected by the jail officials.

Their petitions alleged that the prison rule was discriminatory as people convicted for graver offences like murder, rape and kidnapping were allowed to go on parole.

Parole and furlough are granted to people serving jail terms to enable the inmate to maintain continuity with his family life and deal with family matters. The inmates are allowed to visit their homes for short periods, which are counted as days spent in jail.

UNI AAA SSS GL BD1938