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6 crwp-5689.18.docx
"28. The object of parole and furlough rules is to humanise
penal system and to enable the prisoner to maintain
continuity with his family life and to deal with the
family matters and to save him from evil effects of
continuous jail life and to enable him to gain self
confidence and to maintain constructive hopes and
active interest in life. Since these are the clear objects of
furlough system, could it have been intended that the
benefit and privilege of furlough should be denied to a
prisoner merely on the ground of lateness in surrendering
after release on parole or furlough, irrespective of anything
and any circumstances justifying or mitigating the default
or in any way not showing any tendency to escape or any
risk to the society in any manner whatsoever ? It is not
possible to hold that irrespective of all these circumstances,
such a prisoner surrendering late is totally disqualified from
the consideration for release on furlough. The cases of
prisoners who have surrendered late have to be examined
on merits and the prison authority will have the power,
duty and discretion to consider and to grant or refuse
furlough and, therefore, the word 'shall' in the context of
R.4(10) latter part will have to be read as 'may'."