Case Note & Summary
The petitioner, Anil Vishwanath Pathwe, a convict serving life imprisonment under Sections 302 and 498 of the Indian Penal Code, filed a letter-petition through jail seeking furlough leave. He had been arrested on 17 November 2005 and was in jail since then. In 2007, his furlough application was granted but on condition of furnishing cash security and surety of Rs.10,000 each. He had earlier filed Criminal Writ Petition No. 2581 of 2008, which resulted in an order dated 2 February 2009 allowing release on personal bond of Rs.10,000 and two sureties. However, his uncle, who was willing to stand surety, died in 2009, and his parents were also lodged in jail for the same offence, leaving him with no one to stand surety. He therefore prayed for release on cash surety of Rs.5,000 from his prison earnings. The court appointed Mr. Arfan Sait as amicus curiae. The amicus curiae argued that the request was reasonable and cited several decisions of the Bombay High Court where similar relief was granted. The court, after hearing the parties, allowed the petition, directing the petitioner to be released on furlough on furnishing cash surety of Rs.5,000 from his prison earnings, with an undertaking to return after the furlough period. The court held that the inability to furnish surety due to the petitioner's circumstances should not deprive him of furlough.
Headnote
A) Prisons and Prisoners - Furlough Leave - Cash Surety - Bombay Furlough Rules - Petitioner, a life convict under Sections 302 and 498 IPC, sought furlough but could not furnish surety as his parents were also in jail and his uncle had died - Court allowed release on cash surety of Rs.5,000 from his prison earnings, relying on precedents where similar relief was granted - Held that inability to furnish surety due to circumstances should not deprive a prisoner of furlough (Paras 5-7).
Issue of Consideration
Whether a life convict who is unable to furnish surety for furlough leave due to his parents being in jail and other relatives deceased can be released on cash surety from his prison earnings.
Final Decision
Petition allowed. Petitioner to be released on furlough on furnishing cash surety of Rs.5,000 from his prison earnings, with an undertaking to return after the furlough period.
Law Points
- Furlough leave
- cash surety
- personal bond
- inability to furnish surety
- prison earnings
- amicus curiae
