The High Court quashed the prison authority's refusal of furlough leave to a life convict, directing the authority to reconsider the application based on merits and relevant rules regarding necessary facts before denial.
The impugned order refusing furlough was quashed; the applicant was entitled to apply for furlough within one month.
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.
R/SCR.A/1221/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1221 of 2020
==========================================================
GULABBHAI SHANKARBHAI SONVANE
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MS KD PARMAR(589) for the Applicant(s) No. 1 MR RONAK RAVAL, APP (2) for the Respondent(s) No. 1 RULE SERVED(64) for the Respondent(s) No. 3 UNSERVED WANT OF TIM(31) for the Respondent(s) No. 2
==========================================================
CORAM: HONOURABLE DR. JUSTICE A. P. THAKER
Date : 16/02/2021
ORAL ORDER
Page 1 of 8
R/SCR.A/1221/2020 ORDER
(iii) There is possibility that the prisoner might abscond after the completion of furlough leave.
Page 2 of 8
R/SCR.A/1221/2020 ORDER
Page 3 of 8
R/SCR.A/1221/2020 ORDER
continuous jail life and to enable him to gain confidence and to maintain constructive hopes and active interest in life. ......It is not possible to hold that irrespective of all these circumstances such a prisoner surrendering late have to be examined on merits and the prison authority will have to power duty and discretion to consider and to grant or refuse furlough.
Page 4 of 8
R/SCR.A/1221/2020 ORDER
prisoner to have family and social ties and to avoid ill-effects of continuous prison life and the period of furlough is treated as remission of sentence. Since furlough is to bge grantd for no particular reason, it can be denied in the interest of the Society; whereas parole is to be granted only on a sufficient cause (Rule-19) such as cases of severe ilness or death of any member of the prisoners family or his nearest relative or for other sufficient cause. Therefore, Parole is not a matter of right and only when there is a sufficient and serious cause the Society and the Jail authority may sometime have to take some risk to release the prisoner on parole but that would be no ground for releasing the prisoner on routine furlough irrespective of his past conduct and performance. Even parole may be denied to a prisoner even when he makes out sufficient cause for release on parole if the competent authroity is satisfied on vaild grounds that release of a prisoner on parole will be against the interest of the society or the prison administration”.
Page 5 of 8
R/SCR.A/1221/2020 ORDER
years, may be released on furlough for a period of two weeks at a time for every year of actual imprisonment undergone.
(2) A Prisoner, who is sentenced to imprisonment for a period exceeding five years may be released on furlough for a periodof two weeks at a time for every two years of actual imprisonment undergone:
Provided that a prisoner sentenced to imprisonment for more than five years but not to imprisonment for life may be released on furlough every year instead of every two years during the last five years of his unexpired period of sentence:
Provided further that a prisoner sentenced to life imprisonment may be released on furlough every year instead of every two years after he completes seven years actual imprisonment.”
Provided that if fine is paid during the period of imprisonment and the total sentence thereby reduced to a term not exceeding 5 years he shall thereafter be eligible for release every year in accordance with sub-rule (1) instead of every two years under sub-rule (2).
Page 6 of 8
R/SCR.A/1221/2020 ORDER
Page 7 of 8
R/SCR.A/1221/2020 ORDER
passed by the competent authority is required to be quashed and set-aside and the authority needs to reconsider the request of the applicant for granting him Furlough Leave.
(DR. A. P. THAKER, J)
MAYA S. CHAUHAN
Page 8 of 8
2 issues framed by the court
Whether the prison authority's refusal of furlough based on negative police opinion and serious conviction without considering merits is legal.
Whether the impugned order refusing furlough leave should be quashed and the applicant directed to reconsider the grant of furlough.
Colour shows how this judgement treated each authority
Bhikabhai Devshi vs. State of Gujarat and OthersExplained¶31
Bhikabhai Devshi vs. State of Gujarat and Others
2 provisions across 1 enactments
Gulabbhai Shankarbhai Sonvane
State of Gujarat
Dr. Justice A. P. Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
