A.S. Oka, J.

1. On the earlier date, the parties were put to the notice that an endeavour shall be made to decide these Petitions finally at the stage of admission.

2. We issue rule. The learned APP waives service. Forthwith taken up for final disposal.

FACTS OF WRIT PETITION NO. 2789 OF 2018:

3. In Writ Petition No. 2789 of 2018, the Petitioner is undergoing sentence of life imprisonment. The Petitioner was granted parole on the ground of death of his father. Parole was granted for the period between 3rd February 2017 to 9th February, 2017 (both days inclusive). Therefore, the Petitioner was under an obligation to report back to the prison on 10th February 2017. However, he reported back to the prison on 12th February 2017. A show cause notice was served to the Petitioner calling upon him to show cause as to why his remission should not be cut.

4. The Superintendent of the Kolhapur Central Prison proposed to penalize the Petitioner by cutting remission by 2 days (1 remission for per day's delay). A Judicial appraisal was made by the learned Additional Sessions Judge, Kolhapur and he approved the proposed action by the Order dated 6th January, 2018. That is how the remission of the Petitioner has been cut by two days.

5. The challenge in this Petition received through Jail is twofold. The first challenge is to the Order of cutting of remission by two days. The second prayer is for refund of Rs. 15,000/- which was deposited by the Petitioner by way of deposit as a condition for grant of parole.

FACTS OF WRIT PETITION NO. 34 OF 2019:

6. In Writ Petition No. 34 of 2019, the Petitioner is undergoing sentence of life imprisonment. By the Order dated 5th December, 2013, the State Government in exercise of Appellate power granted parole to the Petitioner for a period of 30 days. The Petitioner applied for extension of parole. As per the first Order granting parole, the Petitioner was released on 8th January, 2014. The first extension was granted from 8th February, 2014 to 9th March, 2014. However, the prayer for second extension was rejected by the State Government by the Order dated 2nd June, 2014. As a result of the grant of first extension, the Petitioner was granted parole of sixty days upto and inclusive of 9th March, 2014. The Petitioner reported back to the Jail on 9th April, 2014. In view of this default, the Superintendent of the Kolhapur Central Jail, proposed cutting of remission by 90 days (30 days x 3). The said proposal was approved by the Deputy Inspector General of Prisons. Thereafter, the same was sent for Judicial appraisal. By the Order dated 6th April, 2017, the Additional Sessions Judge, Kolhapur approved the same. The challenge in this Petition received through Jail is to the imposition of penalty of cutting of remission for 90 days.

7. We have heard the learned counsel appearing for the Petitioners and the learned APP for the Respondent-State.

CONSIDERATION OF SUBMISSIONS:

8. The Prisons Act, 1894 (for short, "the Prisons Act") has been enacted for regulation of prisons. The perusal of the said Act shows that it contains exhaustive provisions such as Maintenance of the Prisons, Duties of Prison Officers, Discipline of Prisoners, Employment of Prisoners, Facilities to the Prisoners as well as the Offences relating to Prison. Chapter XI of the Prisons Act deals with Prison Offences. Section 45 contains a list of Prison offences. Section 46 lays down the punishment to the prison offences. One of the punishments under Sub-Section (4) of Section 46 is punishment of loss of privileges admissible under the remission or furlough or parole system for the time being in force as may be prescribed by rules made by the State Government. Section 48A was introduced in the Prisons Act by way of amendment by the Bombay Act No. XXVII of 1953. Section 48A reads thus:-

"48A. If any prisoner fails without sufficient cause to observe any of the conditions on which his sentence was suspended or remitted or furlough [or release on parol