Case Note & Summary
The petitioner, a life convict lodged at Yerawada Open Prison, Pune, filed a writ petition seeking extension of his furlough leave by 17 days. He had been granted 11 days of furlough in 2024 by order dated 01.08.2024, but claimed he was entitled to 28 days under Rule 4(C)(4) of the Prisons (Bombay Furlough and Parole) Rules, 1959, as he had completed more than five years of imprisonment. The prison authorities contended that he had already availed 17 days of furlough in 2024 from a previous leave that spilled over from 2023 (20.12.2023 to 18.01.2024), and thus only 11 days remained. The court examined the definition of 'calendar year' and held that it means the period from 1st January to 31st December. The leave availed in 2023, even if it extended into 2024, could not be counted against the 2024 entitlement. The court found the authorities' interpretation incorrect and allowed the petition, directing the respondents to release the petitioner on furlough for 17 days on the same conditions as the order dated 01.08.2024.
Headnote
A) Prisons Law - Furlough Leave - Calendar Year Computation - Rule 4 of Prisons (Bombay Furlough and Parole) Rules, 1959 - The court considered whether furlough leave that spills over from one calendar year to the next can be deducted from the prisoner's entitlement for the subsequent year. The court held that 'calendar year' means the period from 1st January to 31st December, and leave availed in a previous year cannot be counted against the next year's entitlement. The prison authorities' interpretation was incorrect. (Paras 5-9)
B) Prisons Law - Furlough Leave - Entitlement Period - Rule 4(C)(4) of Prisons (Bombay Furlough and Parole) Rules, 1959 - A prisoner who has completed more than five years of imprisonment is entitled to 28 days of furlough leave in a calendar year. The court held that the petitioner, having completed more than five years, was entitled to 28 days in 2024, and the 17 days that spilled over from 2023 could not be deducted. (Paras 5-8)
Issue of Consideration
Whether furlough leave granted in one calendar year that spills over into the next calendar year can be counted against the prisoner's entitlement for the subsequent calendar year.
Final Decision
Petition allowed. The respondents are directed to release the petitioner on furlough leave for a period of 17 days on the same conditions as provided in the order dated 01.08.2024.
Law Points
- Interpretation of 'calendar year' in furlough rules
- Furlough leave spill-over cannot be counted against next year's entitlement
- Rule 4 of Prisons (Bombay Furlough and Parole) Rules
- 1959
Case Details
2024 LawText (BOM) (11) 136
Criminal Writ Petition (ST) No. 19317 of 2024
Bharati Dangre, Manjusha Deshpande
Mr. N. N. Gawankar, Mr. Shreyas N. Gawankar, Ms. M. M. Deshmukh, Ms. Nisha Shreyakar
Stive @ Lisban John Miranda
The State of Maharashtra, The Superintendent, Yerawada Open Prison, Yerawada, Pune, The Deputy Inspector General (Prison), Western Region, Pune-6
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Nature of Litigation
Criminal writ petition seeking extension of furlough leave.
Remedy Sought
Direction to respondent No.2 to release the petitioner on furlough leave for 17 days on same conditions as order dated 01.08.2024.
Filing Reason
Petitioner was granted only 11 days furlough in 2024 because authorities counted 17 days of spill-over from 2023 against his 2024 entitlement.
Previous Decisions
Order dated 01.08.2024 by Deputy Inspector General (Prison) granting 11 days furlough.
Issues
Whether furlough leave that spills over from one calendar year to the next can be counted against the prisoner's entitlement for the subsequent calendar year under Rule 4(C)(4) of the Prisons (Bombay Furlough and Parole) Rules, 1959.
Submissions/Arguments
Petitioner: He is entitled to 28 days furlough in a calendar year as per Rule 4(C)(4) after completing 5 years of imprisonment. The 17 days that spilled over from 2023 cannot be deducted from 2024 entitlement.
Respondent: Petitioner already availed 17 days furlough in 2024 from the spill-over leave, so only 11 days remain for 2024.
Ratio Decidendi
The term 'calendar year' in Rule 4(C)(4) of the Prisons (Bombay Furlough and Parole) Rules, 1959 means the period from 1st January to 31st December. Furlough leave availed in one calendar year, even if it spills over into the next, cannot be counted against the entitlement for the subsequent calendar year. The prison authorities' interpretation to the contrary is incorrect.
Judgment Excerpts
When the Rule has specifically prescribed the eligibility to avail the furlough leave with reference to a 'Calendar Year', it is expected that the prison authorities live upto the computation, which the rule making authority intended to be assigned to the said term.
If the calendar year is a period which commences from 1st of January of a year and come to an end on 31st December of that particular year, the eligibility of the prisoner to avail the furlough for 28 days must be spread over for that period.
Procedural History
Petitioner filed Criminal Writ Petition (ST) No. 19317 of 2024 before the Bombay High Court challenging the order dated 01.08.2024 granting only 11 days furlough. The petition was heard and finally disposed of on 13.11.2024.
Acts & Sections
- Prisons Act, 1894: Section 59(5), Section 59(28)
- Prisons (Bombay Furlough and Parole) Rules, 1959: Rule 4, Rule 4(C)(4)
- Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018:
