Case Note & Summary
The petitioner, Ramesh Babulal Sahu, was convicted for murder under Section 302 of the Indian Penal Code and sentenced to life imprisonment on 14 March 1995. He was undergoing his sentence at Central Prison, Nagpur. On 17 December 2004, he applied for furlough, but his application was rejected by the prison authorities on the ground that his appeal against conviction was pending before the High Court. Aggrieved, he filed a criminal writ petition before the Bombay High Court, Nagpur Bench. The court heard the petitioner's counsel, Ms. Nandita Dube, and the Additional Public Prosecutor, Mr. T.R. Kankale. The court observed that furlough is a matter of right for a prisoner, governed by the Prisons (Bombay Furlough and Parole) Rules, 1959. It noted that furlough is intended to allow a prisoner to maintain contact with his family and society, and it does not operate as a suspension of the sentence. The court held that the mere pendency of an appeal cannot be a valid ground to deny furlough, as the rules do not provide for such a condition. The court allowed the petition, set aside the order rejecting furlough, and directed the authorities to release the petitioner on furlough for a period of 21 days, subject to the petitioner furnishing a personal bond and surety. The court also directed the petitioner to surrender on the expiry of the furlough period.
Headnote
A) Prisons Law - Furlough - Right of Prisoner - Furlough is a matter of right and not a concession - The court held that furlough is granted to enable a prisoner to maintain family and social ties, and it does not amount to suspension of sentence - Denial of furlough merely because an appeal is pending is not justified under the Prisons (Bombay Furlough and Parole) Rules, 1959 - Held that the petitioner is entitled to furlough (Paras 3-5).
Issue of Consideration
Whether a life convict undergoing imprisonment can be denied furlough solely on the ground that his appeal against conviction is pending before the appellate court.
Final Decision
The court allowed the petition, set aside the order rejecting furlough, and directed the authorities to release the petitioner on furlough for a period of 21 days, subject to furnishing a personal bond and surety. The petitioner was directed to surrender on the expiry of the furlough period.
Law Points
- Furlough is a matter of right
- not a concession
- Furlough does not suspend sentence
- Furlough cannot be denied solely because appeal is pending
- Section 302 IPC
- Prisons (Bombay Furlough and Parole) Rules
- 1959
