Case Note & Summary
The petitioner, Basuraj Kattimani, was a life convict serving sentence at Central Jail Colvale, Goa, for an offence punishable under Section 376 IPC (rape). He had completed 3.3 years of imprisonment and had never availed parole or furlough. He filed a Criminal Writ Petition before the Bombay High Court at Goa challenging the rejection of his furlough application. The Superintendent of Police had reported that granting furlough could lead to a breach of peace in the locality and that the petitioner might take advantage of furlough and not surrender back to jail. The petitioner argued that he had a right to furlough, having never availed it before, and that the police report was based on mere apprehension without material evidence. The court, after hearing both sides, allowed the petition, holding that furlough is a right of a prisoner and cannot be denied solely on the basis of unsubstantiated apprehension. The court directed the respondents to release the petitioner on furlough for a period of 14 days on such terms and conditions as the jail authorities may deem fit, including furnishing a personal bond and surety. The judgment emphasized the reformative purpose of furlough and the need to maintain family ties.
Headnote
A) Prison Law - Furlough - Right of Prisoner - Furlough is a right of a prisoner, not a privilege, and is granted for maintaining family and social ties, subject to good conduct - The court held that the petitioner, who had completed 3.3 years of life imprisonment and had never availed parole or furlough, was entitled to furlough despite police objection based on apprehension of breach of peace, as there was no material to support such apprehension (Paras 4-6).
Issue of Consideration
Whether the petitioner, a life convict under Section 376 IPC, is entitled to furlough despite the police report apprehending breach of peace and possibility of absconding.
Final Decision
The petition is allowed. The respondents are directed to release the petitioner on furlough for a period of 14 days on such terms and conditions as the jail authorities may deem fit, including furnishing a personal bond and surety.
Law Points
- Furlough is a right of a prisoner
- not a privilege
- subject to good conduct
- Furlough cannot be denied solely on apprehension of breach of peace without material evidence
- Prisoner who never availed furlough or parole should be considered for furlough
