Petitioners challenged Rule 11 of Rule 4 of the Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2016, which barred furlough for those with pending appeals. The court noted a new notification superseded these rules and deleted the barred criteria, rendering the petition infructuous.
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4. cri wp 822-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 822 OF 2017
Somnath Mangal Pawshe & Anr.
.. Petitioners
Versus
The State of Maharashtra & Anr.
.. Respondents
Appearances
| Mr. Santosh S. Musale | Advocate for the Petitioner |
|---|---|
| Mr. Arfan Sait | APP for the State |
CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. SONAK, J.
DATE : APRIL 19, 2018.
P.C.:
Rule 11 of Rule 4 of the Maharashtra Prisons (Mumbai
Furlough and Parole) (Amendment) Rules, 2016. Rule 4 sets
out when a petitioner shall not be eligible to be granted
furlough. Sub-Rule 11 of Rule 4 which was added by Notification dated 26.8.2016 states that a prisoner whose
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4. cri wp 822-17.doc
appeal is pending before the higher forum shall not be eligible to be released on furlough. However, it is seen that
the Government has issued a new notification dated 16.4.2018 in relation to Rule 4. Clause 20 of the said Notification reads thus:-
"20. Prisons (Bombay Furlough and Parole) (Amendment) Rules, 2012 as notified vide Notification No. RJM-2003/C.R. 32/PRS-2, dated 23.2.2012, Maharashtra Prisons (Bombay Furlough and Parole) (Amendment) Rules, 2015 notified vide Notification No. JLM-1013/C.R.115/13/PRS-2, dated 1.12.2015 and Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 2016 notified vide Notification No. MIS1316/C.R.669/16/PRS-3 , dated 26.8.2016 are hereby superseded."
whose appeal is pending before the higher forum shall not be eligible for furlough, has been deleted from the Rules. In this view of the matter, this petition has become infructuous and is disposed of as such.
[ M.S. SONAK, J ]
[ ACTING CHIEF JUSTICE ]
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1 issue framed by the court
Whether a petition challenging prison rules regarding furlough eligibility for prisoners with pending appeals is maintainable when the superseding notification deletes the impugned criteria
1 provisions across 1 enactments
Somnath Mangal Pawshe & Anr.
The State of Maharashtra & Anr.
V.K. Tahilramani
M.S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
