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1. cri wp 3325-14.doc 23.02.2012. By this Notification, Rule 4 of the Furlough and Parole Rules was amended and after sub-rule (10), sub-rule 11 to 19 were added.

3. The petitioner was convicted by the learned Additional Sessions Judge, Pune under Sections 364, 302 and 201 of IPC by Judgment and Order dated 24.5.2013 passed in Sessions Case No. 105 of 2011.

5. The learned counsel for the petitioner submitted that the petitioner is convicted and sentenced to suffer imprisonment for offence punishable under Section 364 of Indian Penal Code. Such a person is not entitled to furlough jfoanz vkacsjdj 3 of 36

1. cri wp 3325-14.doc leave in terms of sub-rule 13 of Rule 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959. Learned counsel for the petitioner submitted that the reasons namely, the nature of the offence, its gravity and it being under section 364 of Indian Penal Code cannot be said to be a valid ground for rejection of furlough leave. Thus, a challenge is raised to the provisions by which the authorities are empowered to refuse furlough leave in case of convicts/ prisoners undergoing sentence for the offence of kidnapping. It is not disputed that the petitioner has been convicted for the offence under Section 364 of IPC.

11. We have perused the notification issued by the Home Department dated 23rd February 2012 by which the Prisons (Bombay Furlough and Parole) Amended Rules, 2012 have been brought into effect.

Rule 4 states thus:-

"4. The following categories of prisoners shall not be considered for release on furlough:-
(1) Habitual prisoners; 
    jfoanz vkacsjdj                                                                    6 of 36



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                       (2)      Prisoners convicted of offences under Sections 392

12. The amendment as brought about by the Notification dated 23.2.2012 to the extent of Rule 4, referred to as the principle Rule reads thus:-

"2. In rule 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959 after sub-rule (1), the following sub-rules shall be inserted, namely :-