Bombay High Court
ISMAIL MULLA (PRESENTLY IN JUDICIAL CUSTODY AT THE CENTRAL JAIL) THR HIS NEXT FRIEND IMRAN MULLAversusTHE STATE OF GOA THR POLICE INSPECTOR, MAINA CUTORIM POLICE STATION AND ANR
- Disposal
- Disposed of
Holding
Emergency parole was granted for four days under Rule 1196 of the Goa Prison Rules, 2021, subject to specified conditions.
Summary
Ismail Mulla, presently in judicial custody, applied for emergency parole to attend his brother's and sister's weddings scheduled for early September 2026. The State opposed the parole, citing alleged illegal activities by the applicant in jail, matters that are pending before a separate writ petition. The Court, without delving into those allegations, exercised its discretion under Rule 1196 of the Goa Prison Rules, 2021, and granted a four‑day emergency parole from 5 September to 8 September 2026, subject to strict conditions including residence at his home, daily reporting to the police station, disclosure of family contact details, and furnishing a surety of Rs.25,000. The order emphasized that the applicant must adhere to the prescribed schedule and not move outside the specified areas. The criminal miscellaneous application was disposed of on these terms.
Issues considered
- Whether emergency parole can be granted despite pending allegations of misconduct in prison
- Whether the applicant satisfies the criteria under Rule 1196 of the Goa Prison Rules, 2021 for emergency parole
- What conditions may be imposed on the grant of emergency parole
Legislation cited
- Goa Prison Rules, 2021 — s. Rule 1196
Subjects
- emergency parole
- criminal miscellaneous application
- Goa Prison Rules
- custodial proceedings
- parole conditions
- marriage of relatives
Judgment
17-CRMA-189-2026.DOC
Suchitra
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL MISC. APPLICATION NO.189/2026
IN
CRIMINAL APPEAL NO.30/2026
ISMAIL MULLA (PRESENTLY IN
JUDICIAL CUSTODY AT THE
CENTRAL JAIL) THR HIS
NEXT FRIEND IMRAN MULLA … APPLICANT
Versus
THE STATE OF GOA THR
POLICE INSPECTOR,
MAINA CUTORIM POLICE
STATION AND ANR. … RESPONDENTS
Mr Ryan Menezes and Ms M. Silva, Advocates for the Applicant.
Mr S. Karpe, Additional Public Prosecutor with Adv. Anand
Shirodkar for the Respondent – State.
CORAM: VALMIKI MENEZES &
S. G. CHAPALGAONKAR, JJ.
DATED: 31st AUGUST 2026
P.C. :
1. We have considered the averments made in the application
and the reply iled by the investigating oicer/SDO. he State
has opposed the grant of regular parole to the Applicant on
various grounds stated in the reply. Annexed to the reply is a
communication dated 28.08.2026 of the Superintendent of
Page 1 of 4
31st August 2026
17-CRMA-189-2026.DOC
Central Jail, Colvale, which records that the Applicant has been
found indulging in various illegal activities in the Jail on multiple
occasions. he contents of this reply are disputed by the
Applicant who contends that a separate petition bearing Criminal
Writ Petition No.234/2026 (F), in which these allegations are the
subject matter.
2. Without entering into the merits of the allegations made in
the said Petition pending before the learned Single Judge, and
considering that the parole has been requested for mainly on the
ground that the Applicant’s brother and sister are due to be
married on 06.09.2026 and 07.09.2026 respectively, we grant
emergency parole under Rule 1196 of the Goa Prison Rules, 2021
for four days on the following conditions:-
(a) he Applicant shall be released on Emergency Parole
on 05.09.2026 at 12.00 noon and shall return to the
Central Jail, Colvale on 08.09.2026 at 10.00 a.m. During
the aforementioned days, the Applicant shall strictly adhere
to the movements stated in the schedule submitted by his
Advocate on his instructions, and shall be restricted to
residing at his residential home at Davorlim and
movements between 5th to 8th September, 2026 in the
manner speciied in the schedule.
(b) he Applicant shall reside at the residential address
given in the cause title during this period and shall report
to the Maina-Curtorim Police Station every day in the
morning between 8.00 a.m. and 8.30 a.m. i.e. on 6 th and
Page 2 of 4
31st August 2026
17-CRMA-189-2026.DOC
7th September, 2026. Considering that he would be
reporting to the police station on the aforementioned two
days, there would be no requirement of police escort during
this period even though the Rule requires the same.
(c) he Applicant shall disclose the contact details of the
Applicant’s father and alternatively his brother; these
details shall be given to the Superintendent of Central Jail,
Colvale and to the investigating oicer prior to the
Applicant’s release.
(d) In addition, the Applicant shall be released on
furnishing one local surety with a bond of Rs.25,000/- to
be executed in favour of the Superintendent of Central Jail,
Colvale. he Superintendent of Central Jail, Colvale shall
act upon an authenticated copy of this order which shall
also be communicated by email by the Registrar (Judicial)
of this Court.
3. We make it clear that the Applicant’s movements shall be
restricted to those speciied in the schedule and he shall strictly
adhere to the same. We also make it clear that this order is
restricted to the aforementioned days and timings and
movements/residence of the Applicant shall be restricted to the
particular places where the Applicant would be visiting on the
speciic days as mentioned in the schedule from 5 th to 8th
September, 2026. He shall not move outside any of those areas in
the State of Goa.
Page 3 of 4
31st August 2026
17-CRMA-189-2026.DOC
4. Criminal Misc. Application is disposed of in the aforesaid
terms.
S. G. CHAPALGAONKAR, J. VALMIKI MENEZES, J.
Signed by: SUCHITRA NANDAN Page 4 of 4
SINGBAL 31st August 2026
Designation: Personal Assistant
Date: 31/08/2026 15:45:52
Checking your session…