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Showing contexts for: parole rules in Faruk @ Goli @ Langdo Ushmanbhai Shaikh vs State Of Gujarat on 22 February, 2021Matching Fragments
6. Learned APP for the respondent State has submitted that there is Rule 4(6) of the Prisons (Bombay Furlough and Parole) Rules, 1959 (hereinafter referred to as 'Rules') for the forfeiture of the furlough. As per the impugned order, furlough has not been rejected permanently but liberty has been granted to the applicant to apply after 6 R/SCR.A/2206/2021 ORDER months for furlough. She has also submitted that in view of the jail remarks, it appears that the present convict has committed a very serious offence. She has also contended that there is no illegality conducted by the authority by passing the impugned order, which is under challenge. She has prayed to dismiss the application.
7. Now it is well settled law by catena of decisions of this Court that Parole and Furlough Rules are part of the penal and prison reform with a view to humanize 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 object of such a release of prisoner are:
(i) to enable the inmate to maintain continuity with his family life and deal with family matters.
(ii) to save the inmate from the evil effects of continuous prison life.
(iii) to enable the inmate to maintain constructive hope and active interests in life.
8. In view of the Prisons Act read with Rules, it appears that the Parole and Furlough system has been incorporated with specific object as referred to hereinabove. However, the Parole is not an absolute right of the prisoner. Under the provisions of the Act and the Rules, it can be granted or refused or withdrawn as per rules. At the same time, for furlough leave, there is no need of any ground. But, at the same time for granting Parole Leave, there must be some reason.
"35. The prison authorities cannot reject as ineligible the request of due furlough of the prisoners who have surrendered late in past".
10. It is pertinent to note that Rule 3 of the The Prisons (Bombay Furlough and Parole) Rules, 1989 provides for the provisions as to when prisoner may be granted furlough. The said Rule 3 reads thus:
"3. When Prisoner may be granted furlough.-
(1) 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.