Case Note & Summary
The petitioner, Gururaj Bhimappa Barikai, was a life convict undergoing imprisonment for the offence punishable under Section 302 of the Indian Penal Code at the open prison in Paithan, District Aurangabad. He had been in jail for twelve years and had never availed of furlough or parole. He filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, seeking release on furlough. The respondents, including the State of Maharashtra and prison authorities, opposed the petition on the ground that the petitioner's appeal against his conviction was pending before the High Court. The Court considered the submissions of the petitioner's advocate, Mr. S.P. Koli, and the learned A.P.P., Mr. K.S. Patil. The Court observed that the Prisons (Bombay Furlough and Parole) Rules, 1959, do not provide that pendency of an appeal is a bar to the grant of furlough. The Court emphasized that furlough is a matter of right subject to good conduct and is intended to enable the prisoner to maintain family and social ties, and to facilitate reformation and rehabilitation. The Court held that the pendency of an appeal cannot be a ground to deny furlough, as the prisoner is presumed to be a convict until the appeal is decided. The Court directed the respondents to release the petitioner on furlough for a period of 21 days on his executing a personal bond of Rs. 10,000 and furnishing a surety of the like amount. The Court also directed the petitioner to surrender before the jail authorities on the expiry of the furlough period. The petition was allowed and rule was made absolute.
Headnote
A) Prisons Law - Furlough - Entitlement - Pendency of Appeal - The petitioner, a life convict undergoing sentence for murder under Section 302 IPC, sought furlough after twelve years in jail without availing any leave. The respondents denied furlough citing pendency of his appeal before the High Court. The Court held that pendency of an appeal is not a valid ground to refuse furlough, as furlough is a matter of right subject to good conduct and is intended for reformation and social reintegration of prisoners. The Court directed the respondents to release the petitioner on furlough for a period of 21 days on executing a personal bond and furnishing surety. (Paras 2-5)
Issue of Consideration
Whether a life convict who has not availed furlough or parole for twelve years and whose appeal is pending before the High Court is entitled to be released on furlough.
Final Decision
The petition is allowed. The respondents are directed to release the petitioner on furlough for a period of 21 days on his executing a personal bond of Rs. 10,000 and furnishing a surety of the like amount. The petitioner shall surrender before the jail authorities on the expiry of the furlough period. Rule is made absolute.
Law Points
- Furlough is a matter of right subject to good conduct
- pendency of appeal does not bar furlough
- furlough aims at reformation and social reintegration
