Case Note & Summary
The petitioner, a life convict in Central Prison, Amravati, filed a Criminal Writ Petition seeking premature release under the 14-year guidelines dated 11.5.1992. He was placed in Category 3(b), which requires completion of 24 years of imprisonment including remission, with at least 14 years of actual imprisonment. The petitioner claimed he had completed over 14 years of actual imprisonment and should be released. However, the respondent's affidavit revealed that the petitioner had been released on furlough three times (18.3.1992, 21.4.1999, and 28.3.2002) and each time he overstayed, absconding for 789, 284, and 1034 days respectively, totaling 2107 days. Prison punishments of forfeiture of remission in the ratio of 1:5 were imposed, and on the third occasion, as no remission remained, he was permanently removed from the remission register. The court noted that while the petitioner had completed 14 years of actual imprisonment, the forfeiture of remission meant he had not completed the required 24 years including remission. His probable release date, subject to good conduct, was 25.5.2014. The court held that the petitioner's habitual abscondence and overstay disentitled him to premature release, and dismissed the petition.
Headnote
A) Prison Law - Premature Release - Guidelines dated 11.5.1992 - Category 3(b) - Convict placed in Category 3(b) entitled to release after completing 24 years with remission provided he has completed 14 years of actual imprisonment - However, due to repeated overstay on furlough, remission was forfeited and petitioner permanently removed from remission register - Held that petitioner cannot claim premature release as he has not completed 24 years of imprisonment including remission due to forfeiture (Paras 2-5). B) Prison Law - Furlough - Overstay - Forfeiture of Remission - Petitioner overstayed furlough on three occasions totaling 2107 days - Remission forfeited in ratio 1:5 and later permanent removal from remission register - Held that such conduct disentitles petitioner to any benefit of premature release (Paras 3-5).
Issue of Consideration
Whether a convict who has repeatedly overstayed furlough and had remission forfeited is entitled to premature release under the 14-year guidelines despite not completing the required total sentence including remission?
Final Decision
The petition is dismissed. Rule discharged.
Law Points
- Premature release guidelines
- forfeiture of remission
- furlough overstay
- conduct of prisoner
- Category 3(b) guidelines
