Case Note & Summary
The petitioner, Sanjay Madhukar Waghade, a prisoner convicted and serving sentence, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, seeking furlough. In 2018, while on furlough, he failed to surrender on the due date and was arrested after a delay of 173 days. His subsequent furlough application in 2021 was rejected by the Deputy Inspector General (Prisons), and that rejection was upheld by the High Court in Criminal Writ Petition No. 426 of 2021 on 12 August 2021. The present petition challenged the continued denial of furlough based on the same past default. The core legal issue was whether Rule 4(10) of the Prisons (Bombay Parole and Furlough) Rules, 1959, which disqualifies a prisoner who has defaulted in surrendering, operates as a permanent bar. The petitioner argued that the rule is not mandatory and that he should not be indefinitely deprived of furlough for a single lapse. The respondents contended that the rule clearly disentitles the petitioner. The court, relying on the Division Bench judgment in Satish Shankarrao Shinde v. State of Maharashtra (Criminal Writ Petition No. 1535 of 2019), held that Rule 4(10) is not mandatory and that the purpose of furlough—reformation and social reintegration—must be considered. The court observed that permanently denying furlough would defeat the scheme's objective. It directed the respondents to consider the petitioner's furlough application afresh, taking into account the facts and circumstances, including the fact that the default occurred only once and the petitioner had already suffered consequences. The petition was allowed, and the respondents were directed to decide the application within four weeks.
Headnote
A) Prisons Law - Furlough - Eligibility - Rule 4(10) of Prisons (Bombay Parole and Furlough) Rules, 1959 - Interpretation - The rule disqualifying a prisoner who has defaulted in surrendering after furlough is not mandatory; in fit cases, furlough can still be granted considering the purpose of reformation and social reintegration. (Paras 2-4) B) Prisons Law - Furlough - Purpose - Reformation and Social Reintegration - The furlough scheme aims to allow prisoners to mix with society so that upon release they can adapt to societal changes; denial of furlough permanently defeats this purpose. (Para 3)
Issue of Consideration
Whether a prisoner who once defaulted in surrendering after furlough can be permanently deprived of furlough benefits under Rule 4(10) of the Prisons (Bombay Parole and Furlough) Rules, 1959
Final Decision
The petition is allowed. The respondents are directed to consider the petitioner's furlough application afresh, taking into account the facts and circumstances of the case, including that the default occurred only once and the purpose of the furlough scheme, and decide it within four weeks.
Law Points
- Rule 4(10) of Prisons (Bombay Parole and Furlough) Rules
- 1959 is not mandatory
- purpose of furlough is reformation and social reintegration
- past default does not permanently bar furlough
