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6. It is also required to be noted that the jail authorities, R/SCR.A/3147/2023 ORDER DATED: 16/03/2023 have been provided with adequate safeguards, in the nature of the prisoner being required to furnish surety of a relative as per Rule 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959 and the prisoner being required to mark presence with any Police Station, as prescribed even to the extent of once a day. In the considered opinion of this Court, to allay any apprehension raised by the complainant the authorities concerned, could have imposed any of the conditions as mentioned hereinabove, but ought not to have rejected the application preferred by the present applicant outright.

7. Furthermore, insofar as the aspect of the present applicant having been convicted for offences punishable under section 302 of the Indian Penal Code, it would appear that Rule 4 (2), (3) and (11) of the Prisons (Bombay Furlough and Parole) Rules, 1959 list out categories of prisoners who are dis-entitled to be granted furlough leave based upon the nature of offence for which the prisoner has been convicted. It would appear that a prisoner convicted of offence punishable under sections 392 to 402, or convicted under the provisions of the Bombay Prohibition Act, 1949 or convicted under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, would be disentitled to be considered for furlough leave, whereas though an offence punishable under section 302 of the Indian Penal Code could be stated to be conviction for a very serious offence yet, the statue has not carved out any exceptions from being considered for release on furlough leave for a person who has been convicted of offence punishable under section 302 of the Indian Penal Code.

R/SCR.A/3147/2023 ORDER DATED: 16/03/2023

8. Under such circumstances in the considered opinion of this Court, the impugned order cannot be sustained and is hereby quashed and set aside. The sanctioning authority as per Rule 2 of the of the Prisons (Bombay Furlough and Parole) Rules, 1959 shall consider the application of present applicant for being released on first furlough leave strictly in accordance with the law and in accordance with the Prisons (Bombay Furlough and Parole) Rules, 1959. It is further directed that such decision shall be taken by the authorities concerned within a period of 15 days from the date of receipt of this order and whereas the authorities concerned shall not be influenced either by the fact of the present application having been preferred or the present order having been passed by this Court.