Case Note & Summary
The petitioner, Dinesh s/o Ashokrao Athawale, was convicted in Sessions Trial No.302/2014 for offences under Sections 302, 147, 148, 149, and 307 of the Indian Penal Code and sentenced to life imprisonment on 2.11.2019. He had never been released on furlough leave. He applied for furlough leave, but the Deputy Inspector General Prison, East, Nagpur rejected the application by order dated 15.7.2020 on two grounds: (i) an adverse police report stating that the petitioner's mother Babybai Ashokrao Athawale was in poor financial condition, and (ii) a possibility that the petitioner might indulge in other offences if released. The petitioner challenged this order by way of a criminal writ petition before the Bombay High Court, Nagpur Bench. The respondents/State opposed the petition, also citing that another case, RCC No.89/2016, was pending against the petitioner. The court heard both sides. The court observed that furlough is a right of a prisoner, not a privilege, and can be denied only on valid grounds specified in the Prisons (Bombay Furlough and Parole) Rules, 1959. The grounds cited by the authority were not valid under the Rules. The court also noted that the pendency of another case does not automatically disentitle a prisoner to furlough. Accordingly, the court allowed the petition, set aside the impugned order, and directed the respondents to release the petitioner on furlough leave for a period of 21 days, subject to the petitioner furnishing a personal bond and surety, and on other conditions including reporting to the police station and not committing any offence during the leave period.
Headnote
A) Prison Law - Furlough Leave - Right of Prisoner - Furlough is a right of a prisoner, not a privilege, and can be denied only on valid grounds specified in the Prisons (Bombay Furlough and Parole) Rules, 1959 - The court held that the grounds of adverse police report regarding poor financial condition of the petitioner's mother and possibility of committing offences are not valid grounds for rejection - The court directed the respondents to release the petitioner on furlough leave for a period of 21 days on certain conditions (Paras 1-8).
Issue of Consideration
Whether the rejection of furlough leave application on the grounds of adverse police report regarding poor financial condition of the petitioner's mother and possibility of committing offences is sustainable in law.
Final Decision
The court allowed the petition, set aside the impugned order dated 15.7.2020, and directed the respondents to release the petitioner on furlough leave for a period of 21 days on conditions including furnishing a personal bond of Rs.10,000 with one surety, reporting to the police station, and not committing any offence during the leave period.
Law Points
- Furlough leave is a right of a prisoner
- not a privilege
- and can be denied only on valid grounds specified in the Prisons (Bombay Furlough and Parole) Rules
- 1959
- adverse police report regarding financial condition of family and possibility of committing offences are not valid grounds for rejection
- pendency of another case does not automatically disentitle a prisoner to furlough.
