Case Note & Summary
The petitioner, Mohd. Sagir Bashir Chauhan, a convict serving life imprisonment at Central Prison, Amravati, filed a Criminal Writ Petition challenging the order of the Deputy Inspector General of Prisons, Nagpur, rejecting his application for furlough leave. The petitioner had been granted furlough on six occasions in 2008, 2012, 2015, 2016, 2019, and 2021, and had surrendered on the due date each time. The impugned order cited generalized reasons such as the heinous nature of the crime, public wrath, and possibility of law and order disturbance. The court noted that the past conduct of the petitioner was not considered and that the reasons were stereotyped without reference to any specific instance. The court also referred to an earlier petition (Criminal Writ Petition No. 355/2018) where similar grounds had led to a favorable order. The court held that the same grounds were available and allowed the petition, setting aside the impugned order and directing the respondents to release the petitioner on furlough for 28 days on his executing a personal bond and furnishing sureties.
Headnote
A) Prisons and Prisoners - Furlough Leave - Grant of Furlough - Past Conduct - The court held that the past conduct of a convict in surrendering on due dates on six previous furloughs is a crucial factor that must be considered, and rejection based on stereotyped reasons like heinous crime and public wrath without specific instances is unsustainable (Paras 3-4).
Issue of Consideration
Whether the petitioner is entitled to furlough leave despite the heinous nature of the crime and alleged public wrath, given his past record of surrendering on time on six previous furloughs.
Final Decision
The petition is allowed. The impugned order is quashed and set aside. The respondents are directed to release the petitioner on furlough for a period of 28 days on his executing a personal bond and furnishing sureties to the satisfaction of the Superintendent, Amravati Central Prison.
Law Points
- Furlough leave
- past conduct of convict
- generalized reasons
- public wrath
- law and order disturbance
- sureties
Case Details
2022 LawText (BOM) (11) 115
Criminal Writ Petition (WP) No. 596/2022
Sunil B. Shukre, M. W. Chandwani
Mr. Sumit G. Joshi (Appointed) for the petitioner, Mr. S.M. Ghodeswar, APP for respondent nos. 1 and 2
Mohd. Sagir Bashir Chauhan
The Deputy Inspector General of Prisons, Eastern Region, Nagpur and The Superintendent, Amravati Central Prison, Amravati
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Nature of Litigation
Criminal Writ Petition challenging rejection of furlough leave
Remedy Sought
Petitioner sought setting aside of the order rejecting his furlough application and direction to grant furlough leave
Filing Reason
Rejection of furlough application by the Deputy Inspector General of Prisons
Previous Decisions
In Criminal Writ Petition No. 355/2018, the court had allowed the petitioner's furlough based on past conduct and sureties
Issues
Whether the impugned order rejecting furlough is sustainable when it relies on generalized reasons without considering the petitioner's past good conduct
Submissions/Arguments
Petitioner argued that he had been released on furlough six times and always surrendered on time, and the impugned order contained only stereotyped reasons.
Respondents argued that the crime was heinous, there was public wrath, and release might cause law and order disturbance.
Ratio Decidendi
Past conduct of a convict in surrendering on due dates on previous furloughs is a crucial factor that must be considered while deciding a furlough application. Rejection based on stereotyped reasons like heinous crime and public wrath without specific instances is unsustainable.
Judgment Excerpts
Past conduct of a person like the petitioner in such a matter is very important and unfortunately same has not been considered while passing the impugned order.
The impugned order states only generalized reasons like; the crime committed by the petitioner was heinous, there still existed public wrath against the petitioner... These reasons do not make any reference to any particular or specific instance...
Procedural History
The petitioner filed Criminal Writ Petition No. 355/2018 challenging an earlier rejection of furlough, which was allowed. Subsequently, another furlough application was rejected by order dated 31.01.2018 (impugned in this petition). The petitioner then filed the present writ petition.
