Gujarat High Court
Prakash Navinbhai Vasava vs State Of Gujarat on 1 July, 2021
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/SCR.A/5896/2021 ORDER DATED: 01/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5896 of 2021
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PRAKASH NAVINBHAI VASAVA
Versus
STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS MAITHILI D MEHTA ADDITIONAL PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 01/07/2021
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule on behalf of the respondent-State.
2. By way of the present application the applicant convict prays for being released on furlough leave, his application having been rejected by the respondent vide order dated 21.04.2021 which is impugned in the present application.
3. Jail remarks show that the applicant has been convicted for the offence punishable under Section 376 of the Indian Penal Code amongst other offences and sentenced to life imprisonment ( for remainder of natural life), the applicant having undergone 05 years and 08 months imprisonment. Jail remarks also show that the applicant had been released on parole leave for a period of 14 days from 10.04.2021 to 23.04.2021. Jail conduct of the applicant is stated to be good.
4. Perusal of the order dated 21.04.2021 shows the reasons which have weighed with the concerned authority to reject the application. The reasons Page 1 of 4 Downloaded on : Sat Jul 03 23:02:24 IST 2021 R/SCR.A/5896/2021 ORDER DATED: 01/07/2021 being that the local police has given negative opinion, the applicant being sentenced for the offence of rape with murder, the applicant having been sentenced for double life imprisonment and the complainant having expressed an apprehension that upon being released the applicant may cause harm to the complainant.
5. The release of prisoners on furlough leave is covered by ' The Prison (Bombay Furlough and Parole ) Rules, 1959' more particularly Rule 3 and Rule 4 thereof. Rule 3 inter alia states that a prisoner who is sentenced to imprisonment for a period exceeding one year but not exceeding five years, may be released on furlough for a period of two weeks at a time for every year of actual imprisonment undergone. Rule 4 states that with regard to categories of prisoners who shall not be granted furlough.
5.1 Considering the categories, insofar as the negative opinion of the applicant by the local police, this Court is of the opinion that except for the statement of the complainant, there is no other material to give negative opinion. Furthermore since the applicant had been released in the moth of April 2021 i.e. very recently on parole leave, this Court had called upon the learned APP to take instruction as to whether any untoward incident had happened during such period of his release to which learned APP has submitted that during such period of his release on parole leave no untoward incident has been reported considering which the apprehension of causing harm to the complainant as well as the negative opinion of the local police appear to be unfounded.
5.2 Furthermore, sub-rule (2) of Rule 4 states the categories of the offences under the Indian Penal Code, prisoners convicted for which offence are not to be released on furlough. The relevant sections being Page 2 of 4 Downloaded on : Sat Jul 03 23:02:24 IST 2021 R/SCR.A/5896/2021 ORDER DATED: 01/07/2021 Section 392 to 402 of IPC, the applicant having not been convicted for offences under the said sections.
5.3. Considering that the applicant has been sentenced double life imprisonment also does not appear to be relevant consideration as provided under the law more over it would also pertinent to note that there is no double life imprisonment upon the applicant the sentence for life imprisonment being till the remainder of natural life.
5.4 The findings with regard to the negative opinion of local police would also be applicable insofar as reason no. (4) in order i.e complainant having apprehension that the applicant may cause harm to her.
6. In view of the discussion, this Court is of the considered opinion that the reasons for rejecting furlough leave dated 21.04.2021 are not in conformity with the categories as provided under the Rule 4 of the Furlough Rules referred to herein- above.
7. Considering the same, the application is allowed. The impugned order dated 21.04.2021 passed by the respondent authority is quashed and set aside. The jail authorities are directed to release the present applicant on furlough leave for a period of 14 days from the date of his actual release on executing personal bond of Rs.10000-/- (Rupees Ten Thousand only ) before the Jail authority and on any conditions that may be thought fit and proper by the jail authorities and on usual terms and conditions as may be imposed by the Jail Authority.
The applicant shall also ensure that the relevant guidelines by the State and Central Government with regard to COVID 19 pandemic are not violated in any manner whatsoever.
Page 3 of 4 Downloaded on : Sat Jul 03 23:02:24 IST 2021R/SCR.A/5896/2021 ORDER DATED: 01/07/2021 The applicant convict to surrender before Jail Authority on completion of furlough leave, without fail. Present petition stands disposed of as allowed. Rule is made absolute to the aforesaid extent.
After the completion of furlough leave, the Jail Authorities shall admit the applicant in jail after strictly following the Circular dated 03.06.2020 relating to COVID-19 issued by the Superintendent of Jail, Ahmedabad.
Registry is directed to communicate this order to the concerned Jail Authority by fax / email message forthwith.
(NIKHIL S. KARIEL,J) niru Page 4 of 4 Downloaded on : Sat Jul 03 23:02:24 IST 2021