“13. Thus, the Supreme Court in the case of Asfaq has clearly stated that the decision in the cases of parole is to be taken in accordance with the guidelines framed. As per the rules and notifications which are applicable to the present petitioner, the prisoners who are convicted for terrorist activities are not eligible to be granted parole. The Supreme Court further observed that guidelines of some of the states stipulate two kinds of paroles, namely, custody parole and regular parole. However, as far the State of Maharashtra is concerned, we have rules which provide for release of prisoners on furlough and emergency and regular parole. An application for furlough is made without giving any reason as it is understood that furlough is granted to maintain family and social ties, to solve personal and family problems and to maintain links with society whereas parole, as per Rule 19 of the Prisons Rules, can be granted in case of serious illness or death of nearest relative such as father, mother, brother, sister, spouse, children or marriage of brother, sister and children of prisoner or pregnant woman prisoner for delivery (except high security risk prisoner) or in case of natural calamity such as house collapse, floods, fire, earthquake. Thus, parole cannot be granted for any other reason other than that stated in Rule 19. No doubt, for being released on furlough, the prisoner does not need to state any reason but for parole, the prisoner has to state the reason for being released on parole and if he is seeking parole on the ground of illness of a close relative, he has to annex the necessary medical certificate which we have adverted to above. Thus, unless and until the prisoner has document in support of serious illness of close relative, his application cannot be considered.
