Case Note & Summary
The petitioner, Umesh Gajanan Patil, was convicted under Section 376 of the Indian Penal Code (IPC) for the offence of rape. He applied for furlough on 26th November 2016, which was rejected by order dated 7th April 2017. Aggrieved, he preferred an appeal, which was also dismissed on 11th August 2017. Consequently, he filed a writ petition before the Bombay High Court challenging the rejection. The sole ground for rejection was that as per a Government Notification dated 1st December 2015, prisoners convicted of rape are not eligible for furlough. The court, after hearing both sides, held that the rejection was in accordance with the notification and found no error in the impugned orders. The petition was dismissed, and the rule was discharged.
Headnote
A) Prisons and Prisoners - Furlough - Eligibility - Prisoners convicted of rape under Section 376 IPC are not eligible for furlough as per Notification dated 1st December 2015 - The petitioner's application for furlough was rejected on this ground - The court found no error in the rejection and dismissed the petition (Paras 1-2).
Issue of Consideration
Whether the rejection of furlough application of a prisoner convicted under Section 376 IPC is valid in light of the Notification dated 1st December 2015.
Final Decision
The petition is dismissed. Rule is discharged. The court found no error in the rejection of furlough as per Notification dated 1st December 2015.
Law Points
- Furlough eligibility
- Prisoners convicted of rape
- Notification dated 1st December 2015
- Section 376 IPC
Case Details
2017 LawText (BOM) (10) 88
WRIT PETITION NO. 3383 OF 2017
Smt. V.K. Tahilramani, M.S. Karnik
Ms. Rohini M. Dandekar (for petitioner), Mrs. G.P. Mulekar, A.P.P. (for State)
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Nature of Litigation
Writ petition challenging rejection of furlough application.
Remedy Sought
Petitioner sought to set aside the orders rejecting his furlough application and to be granted furlough.
Filing Reason
Petitioner's application for furlough was rejected on the ground that he was convicted under Section 376 IPC and as per Notification dated 1st December 2015, such prisoners are not eligible for furlough.
Previous Decisions
The furlough application was rejected on 7/4/2017, and the appeal was dismissed on 11/8/2017.
Issues
Whether the rejection of furlough application of a prisoner convicted under Section 376 IPC is valid in light of the Notification dated 1st December 2015.
Submissions/Arguments
Petitioner argued that the rejection was erroneous.
State supported the rejection based on the Notification.
Ratio Decidendi
Prisoners convicted of rape under Section 376 IPC are not eligible for furlough as per the Government Notification dated 1st December 2015. The court cannot interfere with the rejection of furlough on this ground.
Judgment Excerpts
One of the reasons for rejecting the application of the petitioner for furlough is that he was convicted for the offence under Section 376 of the Indian Penal Code i.e. rape. As per Notification dated 1st December, 2015, the prisoners who are convicted for the offence of 'rape' are not eligible to be granted furlough.
Procedural History
Petitioner applied for furlough on 26/11/2016, rejected on 7/4/2017. Appeal dismissed on 11/8/2017. Then filed this writ petition.
Acts & Sections
- Indian Penal Code, 1860 (IPC): Section 376
