Case Note & Summary
The petitioner, Nandu Savlaram Bhoir, a prisoner, applied for furlough on 16/11/2016. The application was rejected on 17/2/2017. He appealed, but the appeal was dismissed on 28/6/2017. He then filed a writ petition before the Bombay High Court. One of the reasons for rejection was that his appeal was pending before the High Court. The Court referred to a Notification dated 26/8/2016 which states that a prisoner whose appeal is pending before a higher forum is not entitled to be released on furlough. Since the petitioner's appeal was pending, the Court found no error in the rejection order and dismissed the petition, discharging the rule.
Headnote
A) Prisons and Prisoners - Furlough - Entitlement - Notification dated 26/8/2016 - The petitioner's application for furlough was rejected because his appeal was pending before the High Court. The Court held that as per the Notification dated 26/8/2016, a prisoner whose appeal is pending before a higher forum is not entitled to be released on furlough. Since the petitioner's appeal was pending, no error was found in the rejection order. (Paras 1-2)
Issue of Consideration
Whether the rejection of furlough application on the ground that the petitioner's appeal is pending before this Court is valid.
Final Decision
Rule discharged; petition dismissed. No interference with rejection order.
Law Points
- Furlough cannot be granted to a prisoner whose appeal is pending before a higher forum
- Notification dated 26/8/2016
