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2014 Supreme(Bom) 604

B.R.GAVAI, A.S.CHANDURKAR
Gajanan Babulal Bathulwar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Ms. S.H. BHATIA, Adv. (appointed) for the Petitioner in Cri. Writ Petition No.272/2012.
Mrs. BHARTI DANGRE, Government Pleader for Respondents in all Appeals.
Mrs. SONALI SAWARE, Adv. (appointed) for the Petitioner in Cri. Writ Petition No.355/2012.
Ms. RADHA MISHRA, Adv. (appointed) for the Petitioner in Cri. Writ Petition No.366/2012.
Mr. NITESH SAMUNDRE, Adv. for the Petitioners in Cri. Writ Petition No.371/2013.

Judgment :

A.S. CHANDURKAR, J. :- These writ petitions filed by convicts seek to challenge validity of the proviso to Rule 19 of the Bombay (Furlough and Parole) Rules 1959 as amended by the Prisons (Bombay Furlough and Parole) (Amendment) Rukes 2012. The Bombay (Furlough and Parole) Rules 1959 would hereinafter be referred to as the Ru1es of 1959.

BACKGROUND FACTS :

2. Criminal Writ Petition No.272 of 2012 has been filed on behalf of 78 convicts. It has been stated that in view of the amendment of 2012 to Rule 19 of the Rules of 1959, the petitioners are deprived from seeking release on parole within a period of one year from their earlier release. Criminal Writ Petition No.355 of 2012 has been preferred by a convict whose application for parole has been rejected on the ground that he has sought release on parole within a period of one year from his earlier release. The petitioner in the said criminal writ petition had sought parole on account of his daughter's illness. In Criminal Writ Petition No.366 of 2012, the petitioner is seeking release on parole on account of his father's serious illness. However, as the period of one year is yet to lapse from his earlier release, the petit













































































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