Case Note & Summary
The petitioner, a life convict convicted under Sections 302 and 392 of the Indian Penal Code, had undergone approximately 17 years of imprisonment. He had been granted furlough leave by order dated 7th March 2017, but before he could be released, his surety (sister-in-law) died. He applied for change of surety to Ms. Alfia d/o Mohd. Usman Shaikh, a teacher and relative. The Deputy Inspector General (Prison) rejected the furlough application by order dated 28/29 July 2017, citing an adverse police report that the petitioner was a convict under Section 392 IPC and that the surety was not competent. The petitioner challenged this order. The court observed that the petitioner had already served the four-year sentence under Section 392 IPC, so he could no longer be considered a convict for that offence. The adverse police report based on that expired sentence was therefore not a valid ground. The court also noted that the petitioner had been released on furlough and parole on ten previous occasions without any adverse incident, indicating good conduct and reformation. The court held that the impugned order was illegal and set it aside. It directed the respondents to consider the petitioner's application for furlough leave afresh, including the change of surety, and to pass a reasoned order within four weeks. The court relied on the Division Bench decision in Gorakh @ Baba Patole v. Government of Maharashtra (1993 (2) Mh.L.J., 1423).
Headnote
A) Prison Law - Furlough Leave - Expired Sentence - Adverse Police Report - The court considered whether an adverse police report based on a sentence under Section 392 IPC that had already been fully undergone could be a valid ground to reject furlough leave. Held that once the sentence for the said offence is completed, the convict cannot be treated as a convict for that offence, and the adverse report loses its basis. (Paras 2-7) B) Prison Law - Furlough Leave - Change of Surety - Death of Surety - The court examined whether a convict can be permitted to change the surety after the original surety died. Held that the petitioner is entitled to substitute a suitable surety, and the authorities must consider the application afresh. (Paras 2-7) C) Prison Law - Furlough Leave - Reformation and Rehabilitation - The court noted that the petitioner had been released on furlough and parole on ten occasions without any misuse, indicating good conduct and reformation. Held that furlough is a reformative process and should not be denied arbitrarily. (Paras 3-7)
Issue of Consideration
Whether the rejection of furlough leave on the ground of an adverse police report based on a sentence already undergone is valid, and whether the petitioner is entitled to change of surety after the original surety's death.
Final Decision
The impugned order dated 28/29.07.2017 is quashed and set aside. The respondents are directed to consider the petitioner's application for furlough leave afresh, including the change of surety, and pass a reasoned order within four weeks from the date of the order.
Law Points
- Furlough leave
- parole
- prison jurisprudence
- reformation
- rehabilitation
- expired sentence
- adverse police report
- surety change
- life convict
