Case Note & Summary
The petitioner, Sahebrao Kaluram Bhintade, filed a Criminal Writ Petition before the Bombay High Court challenging the rejection of his furlough application. He had applied for furlough on 4.9.2017, which was rejected by the Sanctioning Authority on 30.11.2017 on the ground that his appeal against conviction and sentence was pending before a higher court, relying on sub-Rule 11 of Rule 4 of the Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2016. His appeal against that rejection was dismissed on 12.2.2018. However, during the pendency of the writ petition, the State Government issued a Notification dated 16.4.2018 deleting sub-Rule 11 of Rule 4. The Court noted that the sole ground for rejection no longer existed. Consequently, the Court set aside the impugned orders dated 30.11.2017 and 12.2.2018 and remanded the matter back to the Sanctioning Authority for fresh consideration of the petitioner's furlough application, without being influenced by the pendency of the appeal. The rule was made absolute in those terms.
Headnote
A) Prisons Law - Furlough - Pending Appeal - Sub-Rule 11 of Rule 4 of Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2016 - The petitioner's furlough application was rejected on the ground that his appeal against conviction was pending, relying on sub-Rule 11 of Rule 4. However, the said rule was deleted by Notification dated 16.4.2018. The Court held that since the rule no longer exists, the rejection orders are unsustainable and set aside, remanding the matter for fresh consideration (Paras 3-4).
Issue of Consideration
Whether the pendency of an appeal against conviction can be a ground to reject a furlough application under the Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2016, after the deletion of sub-Rule 11 of Rule 4.
Final Decision
The impugned orders dated 30.11.2017 and 12.2.2018 are set aside. The matter is remanded back to the Sanctioning Authority for considering the petitioner's furlough application afresh. Rule made absolute.
Law Points
- Furlough
- Pending appeal
- Deletion of rule
- Remand
