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12. In view of this guiding and binding principle of interpretation, let us have a look at the purposes of the present legislation and furlough system.

13. The parole and furlough rules are part of the penal and prison system with a view to humanise the prison system. These rules enable the prisoner to obtain his release and to return to the outside world for a short prescribed period. The objects of such a release of prisoner can be read from para 101 of the report submitted by the All India Jail Manual Committee as also the objects mentioned in Model Prison Manual. These objects are:

16. In furtherance of these objects, the parole and furlough rules are framed in exercise of powers under Ss. 59(5) and 28 of the Prisons Act, 1894. Section 3 defines various terms in the Act and Cls. (5A) and (5B) of S. 3 define furlough system, and parole system. Clause (5A) added by Bombay Act XXVII of 1953 reads as under :-

(5A) :

"furlough system means the system of releasing prisoners in jail on furlough in accordance with the rules for the time being in force."

Section 59(5) reads as follows :-

(3) loss of privileges admissible under the remission or furlough or parole system; or (4) loss of such other privileges as the State Govt. may by general or special order, direct."

17. Rule 1287 of the Bombay Jail Manual is also relevant for our present purpose. It reads as under : -

"In each case of late surrender or breach of any of the conditions of furlough or parole, the necessary punishment or punishments should be awarded by the Supdt. of Prison with due regard to the circumstances of each case. All the punishments mentioned below or in S. 48-A of the Prisons Act, 1894 need not necessari1y be awarded in each case but it is left to the discretion of the Supdt. to decide which particular punishment or punishments should be awarded. If, in certain cases, the Supdt. is satisfied that the overstayal was for good or sufficient reasons, he may excuse the prisoner. However, before awarding any punishment, the Supdt. should invariably obtain a prisoner's explanation in each case of overstayal of period or breach of any conditions of furlough or parole.

1. a formal warning;

2. reduction in grade;

3. loss of privilege admissible under remission system;

4. loss of privilege admissible under furlough system;

5. loss of privilege admissible under parole system;

6. loss of such other privileges as the State Govt. may, by general or special order, direct.

20. Rule 1287 of the Bombay Jail Manual clearly gives guidelines to the punishing authority and it provides that in case of late surrender, necessary punishment or punishments should be awarded with due regard to the circumstances of each case, and all the punishments need not necessarily be awarded in each case, but it is left to the discretion of the authorities to decide. It also states that in a given case, if Supdt. is satisfied that the overstayal was for good or sufficient reasons, he may excuse the prisoner. Thus, the prisoner may not be awarded any punishment whatsoever. In other cases of insufficient reasons refusal of punishment or punishments may be awarded having regard to the facts and circumstances of the case and the gravity of the prison offence. One of the punishments is a maximum cut of 5 days' remission for each day of overstay and other permissible punishment is the forfeiture of privilege furlough or to direct that the furlough period shall not be counted towards sentence.