Case Note & Summary
The petitioner, Nitin Vasant Gurav, a life convict sentenced under Section 302 read with Section 34 of the Indian Penal Code, was undergoing imprisonment in Open Prison, Yerwada, Pune. He applied for furlough leave for 28 days on 21 April 2017. The application was rejected by the Deputy Inspector General (Prisons) on the ground that no close relative came forward to act as a surety. The petitioner challenged this order in the Bombay High Court, Nagpur Bench. The petitioner's counsel argued that since the petitioner was in open prison due to good conduct, his personal bond should suffice, relying on the Full Bench decision in Dipak Sudhakar Wakalekar v. State of Maharashtra (2011 Cr.L.J. 3263). The court noted that there was no dispute that the petitioner was in open prison. Following the Full Bench ruling, which held that a convict in open prison can be released on furlough by dispensing with the requirement of a relative's bond, the court allowed the petition. The court directed the respondents to release the petitioner on furlough leave for 28 days on his executing a personal bond.
Headnote
A) Prisons - Furlough Leave - Open Prison - Dispensing with Surety - Rule 6 of the Prison Rules, 1959 - The petitioner, a life convict in open prison, sought furlough leave for 28 days; his application was rejected for lack of a relative surety. The Full Bench of the Bombay High Court in Dipak Sudhakar Wakalekar v. State of Maharashtra held that a convict in open prison can be released on furlough by the sanctioning authority dispensing with the requirement of execution of bond by relatives. Following this, the court allowed the petition and directed release on personal bond. (Paras 2-7)
Issue of Consideration
Whether a convict confined in open prison can be released on furlough leave without requiring a surety from a relative, and whether the personal bond of the convict is sufficient.
Final Decision
Petition allowed. The order dated 24/7/2017 rejecting furlough leave is quashed. Respondents are directed to release the petitioner on furlough leave for a period of 28 days on his executing a personal bond.
Law Points
- Furlough leave
- Open prison
- Personal bond
- Dispensing with surety
- Rule 6 of Prison Rules 1959
Case Details
2018 LawText (BOM) (07) 182
Criminal Writ Petition No. 1205 of 2017
P. N. Deshmukh, M. G. Giratkar
G. S. Agrawal (for petitioner), M. H. Deshmukh (APP for State/respondents)
Dy. Inspector General (Prisons), East Division, Nagpur; The Superintendent, Open Prison, Morshi; The Superintendent, Open Prison, Yerwada
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Nature of Litigation
Criminal writ petition challenging rejection of furlough leave application.
Remedy Sought
Petitioner sought quashing of order dated 24/7/2017 rejecting furlough leave and direction to release him on furlough for 28 days.
Filing Reason
Petitioner's furlough leave application was rejected on ground that no close relative came forward to act as surety.
Previous Decisions
Petitioner was convicted under Section 302 read with Section 34 IPC and sentenced to life imprisonment; he was in open prison due to good conduct; previously released on furlough and parole and reported back on time.
Issues
Whether a convict in open prison can be released on furlough leave without a surety from a relative, relying on personal bond.
Submissions/Arguments
Petitioner argued that as per Rule 6 of Prison Rules 1959 and Full Bench decision in Dipak Sudhakar Wakalekar, a convict in open prison can be released on furlough on personal bond, dispensing with surety.
Respondents opposed but did not dispute the applicability of the Full Bench decision.
Ratio Decidendi
A convict confined in open prison can be released on furlough by the sanctioning authority by dispensing with the requirement of execution of bond by relatives, as per the proviso to Rule 6 of the Prison Rules, 1959, and the Full Bench decision in Dipak Sudhakar Wakalekar.
Judgment Excerpts
In the light of the discussion made above, we hold that as per the proviso to Rule 6 of the Rules 1959, a convict confined in open prison can be released on furlough by the Sanctioning Authority by dispensing with the requirement of execution of bond by the relatives.
Therefore, we hold that a convict confined in open prison can be released on parole by the authorities by dispensing with requirement of execution of bond by the relatives.
Procedural History
Petitioner applied for furlough leave on 21/4/2017; application rejected by order dated 24/7/2017 by respondent no. 1; petitioner filed Criminal Writ Petition No. 1205 of 2017 before Bombay High Court, Nagpur Bench; heard on 24/7/2018 and allowed.
Acts & Sections
- Indian Penal Code, 1860: 302, 34
- Prison Rules, 1959: Rule 6
