Petitioner challenged rejection of furlough application claiming it is a statutory right. Court held furlough is not an absolute right under State prisons rules and noted petitioner was previously granted furlough in 2013 and 2014.
Rule discharged; petitioner directed to file fresh furlough application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
5. cri wp 2321-14.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2321 OF 2014
Pintu @ Amit Mahadev Bhaskar
.. Petitioner
Versus
Superintendent of Prison
.. Respondent
Appearances
Mr. Swapnil Ovalkear Advocate (appointed) for the Petitioner Mrs. U.V. Kejriwal APP for the State
CORAM : SMT. V.K. TAHILRAMANI &
MRS. MRIDULA BHATKAR, JJ.
DATE : JULY 26, 2016.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :
dated 23.2.2011, hence, this petition.
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5. cri wp 2321-14.doc
rejection, the petitioner preferred Criminal Writ Petition No. 3850 of 2012 before this Court. The said Writ Petition was decided in favour of the petitioner by order dated 11.11.2012. Pursuant to the said order, the petitioner was
released on furlough in the year 2013.
5. According to the petitioner, he has been in prison for
more than seven years, hence, he should have been released on furlough on three occasions as a prisoner is entitled to be released on furlough as a matter of right.
in the case of State of Maharashtra Vs. Suresh Pandurang Darvakar1 has observed that, ".......... But
release on furlough cannot be said to be an absolute right of
the prisoner as culled out from Rule. 17." Rule 17 reads as
under:-
1 AIR 2006 SC 2471 : 2006 ALL M.R. (Cri) 1839 (S.C.)
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"17. Nothing in these rules shall be construed as conferring a legal right on a prisoner to claim release on furlough."
This Court in the case of Sharad Devaram Shelake
Vs. The State of Maharashtra2 has also held that the release on furlough cannot be said to be an absolute right of the prisoner.
this Court has allowed the said application and directed that the petitioner be released on furlough. Pursuant to the said order, the petitioner has been released on furlough. Thereafter also, it is seen that on 3.6.2014, the petitioner has been released on furlough till 2.7.2014. Thereafter, the petitioner was released on parole on 12.8.2014 till 12.9.2014. Note (3) of Rule 2 in Chapter XXXVII of The Prisons (Bombay Furlough and Parole) Rules,1959 which deals with parole and furlough states that, "If at any time, a prisoner who could have been granted furlough is either not granted or is refused the same, the period for which he could
2 Criminal Writ Petition No. 4034 of 2014 decided on 28.4.2016 [ Coram : Smt. V.K. Tahilramani & Smt. Anuja Prabhudessai, JJ. ]
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have been granted the furlough shall not be carried forward but shall lapse."
interfere, however, if the petitioner prefers a fresh application for furlough, the same to be decided by the
concerned Authorities as expeditiously as possible.
[ MRS. MRIDULA BHATKAR, J ] [ SMT. V.K. TAHILRAMANI, J. ]
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1 issue framed by the court
Whether a prisoner has an absolute right to claim release on furlough.
Colour shows how this judgement treated each authority
State of Maharashtra Vs. Suresh Pandurang DarvakarReferred¶29
1 AIR 2006 SC 2471 : 2006 ALL M.R. (Cri) 1839 (S.C.) · Who else cites this
2 Criminal Writ Petition No. 4034 of 2014 decided on 28.4.2016 [ Coram : Smt. V.K. Tahilramani & Smt. Anuja Prabhudessai, JJ. ]Referred¶41
2 provisions across 2 enactments
Pintu @ Amit Mahadev Bhaskar
Superintendent of Prison
V.K. TAHILRAMANI
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
