Document Fragment View

Matching Fragments

15. Thus, the Legislature has put the furlough system in the Act and it is made a matter of right.

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 CL (SA) 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."
(i) a formal warning as provided in CL (i) of S.46;
(2) reduction in grade if such prisoner has been appointed an officer of prison;
(3) loss of privileges admissible under the remission or furlough or parole system; or {15} criwp4187-12.doc (4) loss of such other privileges as the State Govt. may by general or special order, direct."
"5. According to the learned counsel for the appellants, the High Court has not kept in view Rules 4(4) and 6 of the Prison (Bombay Furlough and Parole) Rules, 1959 (in short, the 'Rules').
The said Rules have been framed in exercise of powers conferred by Clauses (5) and (28) of Section 59 of the Prisons Act, 1894 (in short the 'Act') in its application to the State of Maharashtra as it stood then. The expression 'Furlough System' is defined in Clause 5(A) of Section 3 of the Act, while the expression 'Parole System' is defined in Clause 5(B) of the said provision. The underlying object of the Rules relating to 'Parole' and 'Furlough' have been mentioned in the report submitted by All India Jail Manual Committee and the objects mentioned in Model Prison Manual. The 'Furlough' and 'Parole' have two different purposes. It is not necessary to state the reasons while releasing the prisoner on furlough, but in case of parole reasons are to be indicated in terms of Rule 19. But release on furlough cannot be said to be an absolute right of the prisoner as culled out from Rule 17. It is subject to the conditions mentioned in Rule 4(4) and 6. Furlough is allowed periodically under Rule 3 irrespective of any particular reason merely with a view to enable the prisoner to have family association, family and social ties and to avoid ill effect of continuous {34} criwp4187-12.doc prison life. Prison of furlough is treated as a period spent in the prison. But Rule 20 shows that period spent on parole is not to be counted as remission of sentence. Since the furlough is granted for no particular reason, it can be denied in the interest of society; whereas parole is to be granted only on sufficient cause being shown.