Case Note & Summary
The petitioner, Pradeep S/o Janaradhan Kokate, a convict serving a life sentence for murder, filed a writ petition seeking his release on furlough leave. He challenged the order dated 24th February 2026 passed by the Deputy Inspector General (Prison), West Zone, Pune, rejecting his furlough application, and the subsequent appellate order dated 17th April 2026 passed by the Additional Director General of Police and Inspector General of Prisons, Maharashtra State, which also rejected his appeal. The petitioner had been convicted by the Additional Sessions Judge, Ahmednagar, and was confined at Yerwada Pune Central Prison. The grounds for rejection of his furlough application were an adverse police report and the nature of the offence. The court heard the learned counsel for the petitioner, Mr. Rupesh Jaiswal, and the learned APP, Ms. Supriya Kak, for the respondent/State. The court observed that furlough is a right of a prisoner, not a privilege, and the purpose of furlough is to maintain family and social ties. The court noted that the adverse police report did not contain any specific instances of misconduct by the petitioner. The court held that the rejection of furlough based solely on an adverse police report without specific instances of misconduct was not justified. The court set aside the impugned orders and directed the respondents to release the petitioner on furlough leave for a period of 21 days, subject to the petitioner furnishing a personal bond and surety, and on other conditions as deemed fit by the jail authorities. The court also directed that the petitioner shall not commit any offence during the furlough period and shall surrender on the expiry of the leave.
Headnote
A) Prisons and Prisoners - Furlough Leave - Right of Prisoner - The court held that furlough is a right of a prisoner, not a privilege, and the authorities must consider the purpose of furlough and the conduct of the prisoner, not merely the nature of the offence. The rejection based solely on an adverse police report without specific instances of misconduct was set aside. (Paras 2-8) B) Prisons and Prisoners - Furlough Leave - Adverse Police Report - The court held that an adverse police report without specific instances of misconduct cannot be the sole ground for rejection of furlough. The authorities must consider the purpose of furlough, which is to maintain family and social ties. (Paras 5-8) C) Prisons and Prisoners - Furlough Leave - Rejection - The court held that the rejection of furlough leave by the Deputy Inspector General (Prison) and the Appellate Authority was not justified and was set aside. The petitioner was granted furlough leave for a period of 21 days on certain conditions. (Paras 7-8)
Issue of Consideration
Whether the rejection of the petitioner's furlough leave by the Deputy Inspector General (Prison) and the Appellate Authority was valid and justified.
Final Decision
The court allowed the petition, set aside the impugned orders, and directed the respondents to release the petitioner on furlough leave for a period of 21 days, subject to furnishing personal bond and surety, and on conditions including not committing any offence and surrendering on expiry.
Law Points
- Furlough is a right of a prisoner
- not a privilege
- rejection of furlough must be based on valid reasons and not solely on the nature of the offence
- the purpose of furlough is to maintain family and social ties
- adverse police report without specific instances of misconduct cannot be the sole ground for rejection.
