Case Note & Summary
The petitioner, Balya @ Rameshwar Motiram Yelekar, a convict lodged in Central Prison, Nagpur, filed a Criminal Writ Petition seeking release on furlough for a period of two weeks. The respondents, including the DIG Prison and the Superintendent of Central Prison, opposed the petition. In their reply, they stated that the police verification report was adverse because on a previous occasion when the petitioner was released on parole, he did not surrender on the due date. Instead, he absconded and was arrested by police after a period of 5 years, 4 months and 7 days, being brought back to prison on 06/05/2012. The competent authority had rejected his furlough application vide order dated 09/12/2014 under Sections 4(4)(6)(10) of the Parole and Furlough Rules, 1959. The court considered the submissions and noted that the petitioner had a history of jumping parole and remaining absconding for a long period. The court held that furlough is a privilege and not a right, and the authority had rightly rejected the application based on the adverse police report and the petitioner's previous misconduct. The court found no merit in the petition and dismissed it, discharging the rule.
Headnote
A) Prison Law - Furlough Leave - Rejection due to previous absconding - Parole and Furlough Rules, 1959, Sections 4(4)(6)(10) - Petitioner, a convict, sought furlough for two weeks but was rejected because he had earlier been released on parole and absconded for 5 years, 4 months and 7 days, requiring police arrest to bring him back. The court held that the competent authority rightly rejected the application considering the adverse police report and the petitioner's history of jumping parole, as furlough is a privilege and not a right. (Paras 2-4)
Issue of Consideration
Whether a convict who previously absconded while on parole and was brought back after a long period is entitled to furlough leave.
Final Decision
The petition is dismissed. Rule discharged.
Law Points
- Furlough is a privilege
- not a right
- previous misconduct in availing parole is a relevant factor
- adverse police verification report can justify rejection
- Section 4(4)(6)(10) of Parole and Furlough Rules
- 1959.
