Case Note & Summary
The petitioner, Amol Dattarao Choudante, a convict lodged at Nashik Road Central Prison, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Bench at Aurangabad, seeking quashing of the order rejecting his furlough application. The respondents included the State of Maharashtra and prison authorities. The petitioner had been convicted and was behind bars for more than 4 years and 11 months from the date of conviction. He had never been released on furlough before. The prison authorities rejected his furlough application on two grounds: an adverse police report and the fact that the surety offered by the petitioner was a resident of another place and might not be able to control him. The petitioner, through his appointed advocate, challenged the rejection. The court considered the submissions and record. It held that the reason regarding the surety's inability to control the petitioner could not be accepted without first giving an opportunity to the petitioner and the surety. The court emphasized that the petitioner, having been incarcerated for a substantial period, should be given a chance to demonstrate improvement in his conduct. The court found the rejection to be based on speculative grounds and not sustainable. Consequently, the court allowed the petition, set aside the rejection order, and directed the release of the petitioner on furlough subject to usual terms and conditions and by accepting the surety offered by him. The rule was made absolute in those terms.
Headnote
A) Prison Law - Furlough - Rejection of Furlough - Adverse Police Report - The court held that the reason that the surety may not be able to control the petitioner cannot be accepted before giving opportunity to the petitioner and surety. The petitioner, a convict who had been behind bars for more than 4 years 11 months from the date of conviction, was entitled to a first opportunity to show improvement in conduct. (Paras 2-3) B) Prison Law - Furlough - First Furlough - Opportunity for Reformation - The court held that the opportunity needs to be given to the convict to show that he has improved his conduct. The rejection of furlough on speculative grounds is not sustainable. (Paras 2-3)
Issue of Consideration
Whether the rejection of furlough application on the ground of adverse police report and that the surety may not be able to control the petitioner is sustainable in law
Final Decision
Petition allowed. The order rejecting furlough is set aside. The furlough application is allowed. The petitioner is to be released on furlough subject to usual terms and conditions and by accepting the surety offered by him. Rule made absolute.
Law Points
- Furlough rejection cannot be based on speculative grounds
- opportunity for reformation must be given
- surety's ability to control cannot be presumed without opportunity
