Keeping the Covid-19 pandemic in mind, the Bombay High Court has granted parole (temporary release of a prisoner before the expiry of a sentence) to a Maharashtra Control Of Organised Crime Act (MCOCA) convict who has completed his sentence but is still behind bars as he is unable to pay Rs 15.04 lakh fine. He has spent over 21 years behind bars.
A division bench of Justices SS Shinde and NJ Jamadar released Pramod Jadhav on parole observing: “The quantum of fine is huge by any standard. From this stand point, the submission on behalf of the petitioner that the petitioner continues to languish in prison on account of poverty cannot be said to be unsustainable.”
The HC was hearing a petition filed by Jadhav challenging rejection of his parole application by the Superintendent of Kolhapur Central Prison in May 2021.
In October 2005, he was convicted for kidnapping under various sections of the Indian Penal Code and MCOCA. The special judge sentenced him to life imprisonment and imposed a fine of Rs 15.04 lakh. If he defaults to pay the fine, the special court had sentenced him to additional 10 years of imprisonment.
As per law, a life convict has to spend a minimum of 14 years behind bars and the maximum is the rest of his life.
Jadhav, completed 14 years of actual imprisonment and was extended the benefit of premature release. However, he continues to remain incarcerated as he failed to pay the fine amount.
Additional public prosecutor Madhvi Mhatre opposed the parole saying that Jadhav was released on parole in June 2013 for 30 days. However, he failed to return to prison for over 421 days.
Jadhav’s advocate, Payoshi Roy, said that according to prison records, Jadhav has spent almost 21 years and 8 months in jail. His life imprisonment came to an end on 4th October, 2016. Besides, two persons have assured to give surety for Jadhav to ensure that he returns to prison to complete his default sentence.
Agreeing with Roy’s arguments, the judged noted: “Evidently, the petitioner comes from poor strata of the society. Adverse social condition and poor financial position are the obvious consequences of an incarceration for 20 long years.”
Releasing Jadhav on parole, the HC said: “In the totality of the circumstances, in our view, the petitioner deserves to be released on Covid 19 emergency parole. Thus, we are inclined to allow the petition.”
The HC has, however, asked him to report back to prison on completion of his parole of 30 days.
