Case Note & Summary
The petitioner, a life convict lodged in Open Jail, Paithan, filed a criminal writ petition before the Bombay High Court, Aurangabad Bench, challenging an order of the jail authorities refusing his application for release on furlough. He sought release on personal bond. The record showed that he had been granted furlough and parole in 2007, 2008, 2010, and 2011. On two earlier occasions, he surrendered late by 2 days and 13 days respectively, but on the last two occasions, he surrendered on time. A police report indicated that his brother, the only prospective surety, was addicted to liquor and could not reliably supervise him. The jail authorities had passed an adverse order. The petitioner argued that, given his overall conduct, the authorities could consider granting furlough on personal bond. The State left the matter to the court's discretion. The court noted the record and held that the jail authorities had not properly considered the possibility of releasing the convict on personal bond with appropriate conditions. Accordingly, the court set aside the impugned order and remanded the matter, directing the jail authorities to pass a fresh order on the application, specifically considering release on personal bond with conditions they deemed fit. The writ petition was allowed with these directions.
Headnote
A) Prison Law - Release on Furlough - Not mentioned - The petitioner, a life convict, had been released on furlough earlier and surrendered late on two occasions (2 days and 13 days) but on last two occasions surrendered in time; his brother was reported to be alcoholic and not a reliable surety. The jail authorities had passed an order that effectively denied his request. The High Court set aside the jail authorities' order and remanded the matter, directing them to pass a fresh order on the furlough application, specifically considering the request for release on personal bond with appropriate conditions. Held, that the jail authorities must reconsider the application keeping in view the past conduct and possibility of personal bond. (Paras 2-5)
Issue of Consideration
Whether the life convict should be released on furlough on personal bond considering his past conduct and family situation
Final Decision
Writ petition allowed; jail authorities' order set aside; matter remanded for fresh consideration of furlough application with direction to consider release on personal bond with appropriate conditions
Law Points
- Jail authorities should consider releasing life convict on furlough on personal bond with appropriate conditions
- considering past conduct
