Case Note & Summary
The petitioner, Achyut Madhavrao Dhore, a convict, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, challenging the order dated 26.10.2009 passed by the Special Inspector General of Prison, Central Division, Aurangabad, rejecting his application for furlough leave. The petitioner had applied for furlough leave on 16.6.2009, which was forwarded to the Superintendent of Central Prison, Aurangabad and the Deputy Inspector General (Prisons), Aurangabad on 23.7.2009. A police report was called, which was adverse to the petitioner, stating that if released on furlough leave, there was a possibility of the petitioner threatening witnesses and the complainant. Consequently, the Special Inspector General of Prison rejected the application. Aggrieved, the petitioner approached the High Court. The court considered the submissions of the learned counsel for the petitioner, who argued that the grounds in the police report bore no substance because the petitioner was on bail during the pendency of the trial and there was no occasion of such threats or influence upon witnesses at the hands of the petitioner. The court, after hearing the learned APP for the respondent, allowed the petition, quashed the impugned order, and directed the authorities to release the petitioner on furlough leave subject to the petitioner executing a personal bond and furnishing a surety, and on such other conditions as the authorities may deem fit. The court held that the rejection based on mere possibility of threat was unsustainable when the petitioner had not misused his liberty during the bail period.
Headnote
A) Prisons and Prisoners - Furlough Leave - Right of Convict - Rejection on Ground of Possibility of Threat to Witnesses - The petitioner/convict applied for furlough leave which was rejected by the Special Inspector General of Prison based on an adverse police report stating possibility of threatening witnesses and complainant. The court held that since the petitioner was on bail during the trial without any such incident, the rejection was unsustainable. The court allowed the petition and directed the authorities to release the petitioner on furlough leave subject to conditions. (Paras 1-3)
Issue of Consideration
Whether the rejection of furlough leave application of the petitioner/convict by the Special Inspector General of Prison, Central Division, Aurangabad, on the ground of possibility of threatening witnesses and complainant, is sustainable in law.
Final Decision
The petition is allowed. The impugned order dated 26.10.2009 passed by the Special Inspector General of Prison, Central Division, Aurangabad is quashed and set aside. The authorities are directed to release the petitioner on furlough leave subject to the petitioner executing a personal bond and furnishing a surety, and on such other conditions as the authorities may deem fit.
Law Points
- Furlough leave is a right of a convict
- not a privilege
- subject to good conduct and other conditions
- Police report cannot be the sole basis for rejection if there is no evidence of misuse of liberty during bail period
- Rejection must be based on objective material and not on mere apprehension
