Case Note & Summary
The petitioner, Dhananjay S/o Laxman Thorat, a convict undergoing life imprisonment at Nashik Road Central Jail, filed a Criminal Writ Petition challenging the rejection of his furlough application by the prison authorities. The rejection was based on an adverse police report and the alleged unavailability of his son to stand as surety. The petitioner had been in continuous custody since April 2010, having overstayed a previous furlough by 2719 days in 2002, but had since then been in jail without any further incident. His actual undergone period was more than 15 years and 3 months, and with remission, it exceeded 22 years. The court noted that the son had filed an affidavit dated 05.01.2019 expressing readiness to stand as surety, and the appointed counsel confirmed the son's continued willingness. The court held that the ground of absence of surety was not valid. Regarding the previous overstay, the court observed that it occurred in 2002 and the petitioner had been continuously in jail since April 2010, making the stale incident an insufficient ground for rejection. The court set aside the impugned order and directed the respondents to release the petitioner on furlough on such terms and conditions as they deem fit, emphasizing the rehabilitative purpose of furlough.
Headnote
A) Prisons and Prisoners - Furlough - Rejection of Furlough Application - Grounds of Adverse Police Report and Absence of Surety - The court held that the ground of absence of surety was not valid as the son had filed an affidavit and expressed readiness to stand as surety. The previous conduct of overstaying furlough by 2719 days in 2010 was too old and could not be a ground for rejection when the prisoner had been continuously in jail since then and had undergone more than 22 years of imprisonment including remission. The order of rejection was set aside and furlough was granted. (Paras 2-3) B) Prisons and Prisoners - Furlough - Right of Prisoner - The court recognized that furlough is a right of a prisoner to maintain family and social ties, and rejection must be based on valid and current grounds, not stale incidents. (Para 3)
Issue of Consideration
Whether the rejection of a furlough application on the grounds of an adverse police report and the alleged unavailability of a surety is sustainable when the prisoner has undergone a long period of continuous imprisonment and the son has expressed readiness to stand as surety.
Final Decision
The order of the respondents rejecting the furlough application is set aside. The respondents are directed to release the petitioner on furlough on such terms and conditions as they deem fit.
Law Points
- Furlough is a right of a prisoner
- not a privilege
- subject to good conduct and public interest
- past misconduct cannot be the sole ground for rejection if there is significant subsequent good conduct
- the availability of a surety is a relevant factor but not an absolute condition
- the purpose of furlough is to maintain family and social ties for reformation.
