The Bombay High Court addressed the issue of furlough leave entitlement. The petitioner, serving a life sentence, challenged the computation of furlough leave, arguing that the authorities unjustifiably curtailed his entitlement for 2024 based on leave spilling over from 2023. The court clarified the interpretation of "calendar year" and directed that prisoners are entitled to their full leave entitlement within each calendar year, irrespective of spillovers caused by delays in decisions.

1. Issue: Whether spillover of furlough leave from one calendar year to another impacts the prisoner’s entitlement for the subsequent year.
2. Court’s Finding: The term "calendar year" should be interpreted as a strict annual cycle from January 1 to December 31. Spillovers should not affect the prisoner’s entitlement if delays are due to administrative inefficiencies.
3. Direction: Authorities must ensure furlough leave decisions are made within prescribed timelines to avoid penalizing prisoners for systemic delays.

1. Background and Issue (Paras 1–3)

• The petitioner, a convict serving life imprisonment, sought an extension of furlough leave to complete his entitlement of 28 days for 2024.
• His furlough leave in December 2023 spilled over into January 2024, which the authorities used to reduce his entitlement for 2024 to 11 days.

Heading: Furlough Leave Denied Due to Spillover

2. Relevant Rules and Provisions (Paras 4–5)

• The case revolved around Rule 4 of the Maharashtra Prisons (Furlough and Parole) Rules, 1959, and its 2018 amendment, which allows prisoners to avail 28 days of furlough leave per calendar year after five years of imprisonment.
• The court emphasized the definition of "calendar year" as per legal and dictionary standards.

Heading: Rules Governing Furlough Leave

3. Misinterpretation by Authorities (Paras 6–8)

• Authorities computed leave based on overlapping years rather than strict calendar year cycles.
• The court rejected this reasoning, terming it arbitrary and unjustified.

Heading: Erroneous Computation by Authorities

4. Judicial Precedent (Paras 9–10)

• The court referenced past rulings, reiterating that any leave spilling over to the next year should not impact entitlements within the latter year.

Heading: Judicial Precedent on Calendar Year Interpretation

5. Administrative Delays Highlighted (Paras 11–14)

• The court criticized delays in deciding furlough leave applications, noting systemic inefficiencies were responsible for spillovers.
• It mandated that applications must be decided within 45 days as per the State's circular.

Heading: Authorities Directed to Improve Timeliness

6. Conclusion and Directions (Paras 15–16)

• The petitioner was entitled to the full 28 days of leave for 2024, excluding any spillover deductions.
• Authorities were ordered to ensure the petitioner could avail the remaining 17 days before December 31, 2024.

Heading: Entitlement Restored and Future Guidelines

Acts and Sections Discussed:

1. Prisons Act, 1894: Empowered rule-making for prison leave policies.
2. Maharashtra Prisons (Furlough and Parole) Rules, 1959 (Amended 2018):
   • Rule 4: Governs eligibility and limits for furlough leave.
   • Clause C(4): Specifies entitlement of 28 days post five years of imprisonment.

Ratio Decidendi:

The entitlement to furlough leave must be computed strictly within the boundaries of a calendar year (January 1–December 31). Any administrative delays causing a spillover cannot prejudice a prisoner’s subsequent year’s entitlement.

Subjects:

Criminal Law – Rights of Convicts – Furlough Leave Entitlement

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