Out of jail for safety amid Covid, many return to criminal ways in Maha

The arrest of Vinayak Shinde, 53, in the case of the murder of Thane-based trader Mansukh Hiran, has brought into focus crimes committed by those released on bail or parole due to the Covid-19 pandemic

The arrest of Vinayak Shinde, 53, in the case of the murder of Thane-based trader Mansukh Hiran, has brought into focus crimes committed by those released on bail or parole due to the Covid-19 pandemic. Starting March 25, 2020 over 10,000 convicts and undertrials were released on parole or temporary bail across Maharashtra to decongest the jails, following a decision taken by a High Power Committee (HPC).

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The Supreme Court (SC) ordered the constitution of a HPC in each state deliberating on the decongestion of the prisons in the wake of the pandemic. This committee was designated to determine which classes of prisoners were to be granted interim bail.

Usually paroles are for 45 days to maximum 90 days as per prison rule, but owing to pandemic most of them are now out for almost a year.

There are two types of leave parole and furlong. Parole is conditional, usually subject to behavior, and requires periodic reporting to authorities. Parole is not a right, and is given to a prisoner for specific reasons, such as a death in the family or a wedding of a blood relative. Furlough is given in cases of long-term imprisonment. The period of furlough granted to a prisoner is treated as remission of his sentence. Unlike parole, furlough is seen as a matter of right for a prisoner, to be granted periodically irrespective of any reason, and merely to enable the prisoner to retain family and social ties, and to counter the ill-effects of prolonged time spent in prison. Both are considered as reformative processes. These provisions were introduced with a view to humanising the prison system under the Prisons Act of 1894.

In the recent pandemic, those released on temporary bail or parole will be out till the end of lockdown imposed by the state.

Shinde was awarded life sentence in 2013 by Mumbai session’s court, long with 21 others involved in encounter of gangster Lakkhan Bhaiyya (Ramnarayan Gupta) in 2006. He was arrested on March 21 by the Anti-Terrorism Squad, in connection with the murder of Hiran, who is linked to the explosives-laden car found outside industrialist Mukesh Ambani’s house in February.

Shinde is currently in custody of the National Investigation Agency (NIA) with co-accused Naresh Gor, a bookie. Suspended Mumbai cop, Sachin Vaze, who is also in NIA custody, is also suspected to have played a role in the murder.

The high power committee conducted a meeting on March 25, 2020 and framed a policy to release the prisoners who are accused of offences punishable for less than seven years or less. However, this excluded those who are accused under special act such as Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID), The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS), Protection of Children from Sexual Offence Act, 2012 (POCSO), Maharashtra Control of Organised Crime Act, 1999 (MCOCA), Unlawful Activities (Prevention) Act, 2019 (UAPA) and Prevention of Money Laundering Act, 2002 (PMLA).

Like Shinde, some among those released, even on good behavior, have been put back in prison for committing petty thefts and robberies. In some cases, however, they’ve been imprisoned for more serious charges.

In April 4, 2020, Navin Gotefode an undertrial released on parole, had attacked a constable’s wife in Nandanvan, Nagpur after she did not allow him to meet her son, who was a classmate of the convict. She was rushed to hospital but was declared dead. Gotefode, 26 was arrested in the murder case and is in Nagpur Jail.

In October 2020, two cops – sub-inspector Dattatray Sarak, 36 and constable Anand Bhillare, 52, both of crime branch unit 1 of Thane police – were injured after a murder convict, Navnath Dhangade 35, who had jumped parole, attacked them with a sickle when they tried to arrest him in Wagale Estate, Thane. Dhangade was arrested while the two cops recovered after treatment in hospital. In 2015 Dhangade was booked are arrested by Shrinagar police in a murder case. Dhangade who was released on parole in April during lockdown for 45 days, did not return for over 15 days. So the Jail authorities reported to Vartak Nagar police station who arrested him.

In December 2020, Aadesh Patil (35) was arrested for the rape and murder of a two-year-old girl, who belonged to a tribal community, in Pen, Raigad. The child’s great-grandmother reported seeing Patil dump the body near the family’s house. Patil was already serving sentence for rape in Alibag Jail.

Meeran Borwankar, former state additional Director General of Police said, “It is important that the prison administration take reports from police before releasing habitual offenders involved in house breakings/chain snatching as well as for those in heinous crimes. Since conviction is often delayed in India, prisons would not keep track of the number and types of cases pending against criminals. The police will know and the Crime and Criminal Tracking Network & Systems (CCTNS) too has data about the activities of habitual criminals.”

Cases like Shinde are one of its kind, and not many criminals involved in organised crime or in grave offences like rape, and undergoing life imprisonment, were released on special Covid parole, she added.

As per the state prison department records, over 10788 prisoners were released till May last year to prevent the spread of Covid in the prisons. Out of these around 2166 were released on parole while 7271 were released on bail. Most convicts serving imprisonment or life imprisonment are released on parole and under trials are released on bail.

A senior official from Maharashtra prison, who spoke on the condition of anonymity said, “However, after getting a special report from the prison and local police, the high power committee decided the release on parole. Shinde and the rapist in Pen, Raigad, though rare, are both serious instances. Both of them had good behaviour in jail that may have led to their approval for temporary bail or parole. Local police stations need to be more vigilant on those released on parole.”

The HPC is headed by high court Justice Amjad Sayed and comprised of Sanjay Chahande, additional Chief Secretary (Home), SN Pandey, Director General, Prisons and Sunil Ramanand, Additional Director General, Prison.

In some cases, inmates who were released in the de-congestion drive, were also in danger. In May 27, 2020, Nitin Shivaji Kasabe, a 24-year-old undertrial in a case of attempt to murder, came out from the prison on temporary bail and was attacked with sharp weapons by a group of eight persons in Yerawada area. The police suspects past rivalry. Munna Ishwar Chavan (23), a native of Georai in Beed district, who was released on April 15, was found dead on the footpath a couple of days later. He was brutally murdered, allegedly by a rival gang. Pune City Police have invoked the stringent Maharashtra Control of Organised Crime Act (MCOCA) against a gang allegedly involved in the murder.

Yogesh Desai, Deputy Inspector General, South Region, Maharashtra Prison claimed that regular checks are being made on those released on parole. He said, “The state prison had released more than 10,000 inmates across Maharashtra. There are only a select few released on parole that get engaged in crime. Usually the inmates released on parole have an attendance to mark at the local police station. Our officials usually coordinate with the local police if the inmate jumps parole or gets involved in serious crime. Accordingly, the local police inform us to cancel the parole of the accused in such a serious case.”

Professor Vijay Raghavan of the Centre for Criminology and Justice at the Tata Institute of Social Sciences said, “If we count the numbers as compared to the released prison inmates on parole, it is hardly a significant number. The release of prisoners on parole is in the thousands and only few cases have violated parole conditions. Any inmate with good behaviour inside prison is considered for release on parole or furlough on certain conditions. The emergency parole was granted to prisoners due to the pandemic and extraordinary situations demanding extraordinary solutions. Also, it is the job of the police to keep a watch to ensure that inmates released on parole do not re-offend.”

He added that the official capacity of Maharashtra prisons is 23,000 while the present population inside prisons is around 34,870. At present there are 46 jails in Maharashtra including Central, District and open prisons. If another 10,000 inmates who have been released on emergency parole or temporary bail are back to prison, it will become impossible to manage the prison population.

Sunil Ramanand, ADG (Additional Director General), Maharashtra prison refused to comment as he was deputed for election duty in West Bengal.

BOX: The parole system

Usually there are two types of leave: furlough and parole.

Furlough leave is of 14 days, which can be extended to 14 days. It is available to convict who spent two years in jail.

Parole is for 30 days for emergencies like illness or death of a family member. Parole can be extended for another 60 days.

In 2012 the state government came up with a rule to permit parole once a year.