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11. Undisputedly, in the case in hand, the petitioners had overstayed for a period of 93 and 604 days respectively and even thereafter they were required to be arrested for the purpose of their re-induction in the prison. In these facts and circumstances, we do not find any illegality committed by the authorities in rejecting the applications for furlough leave by applying Rule 4(10) of the Furlough Rules.

12. Referring to Section 48A of the Prisons Act, 1894, it was sought to be contended that the petitioners having been already punished under the said provision of the Prisons Act by forfeiting their remission for the period for which they had overstayed, the petitioners could not be again penalised by applying Rule 4(10) as it amounts to double jeopardy. As far as the provisions of law comprised under Section 48A of the Prisons Act are concerned, the same relate to punishment for breach of conditions on which either the sentence is suspended or remitted or furlough or release on parole is granted. The Clause (3) thereof provides that if any prisoner fails without sufficient cause to observe any of the conditions on which the furlough leave was granted to him, he shall be deemed to have committed a prison offence and the Superintendent may, after obtaining his explanation, punish for such offence by curtailing the privileges admissible under the remission or furlough or parole system. Undisputedly, in the case in hand, on account of overstay by the petitioners after availing the furlough leave, they were punished under the said provision of law comprised under Section 48A of the Prisons Act. However, Rule 4(10) of the Furlough Rules does not speak of any punishment as such. It merely curtails the entitlement of the benefit of furlough leave to the prisoner. In cases where a prisoner continues to commit default in the matter of surrender on expiry of the furlough leave, once having availed the same, the Rule 4(10) provides that prisoners who had at any time escaped or attempted to escape from the lawful custody or defaulted in any way in surrendering themselves at the appropriate time after release on parole or furlough, shall not be released on furlough. Obviously, this does not speak of any punishment as such. It is well-settled that any entitlement prescribed under the statute can be availed within the parameters prescribed under the statute. If the statute imposes conditions to claim any such benefit under the statute, the same are to be availed on compliance of the conditions and not otherwise. The provisions regarding the entitlement of benefit has to be read along with conditions attached to the same. Being so, the entitlement has to be read along with the conditions provided for. The entitlement of leave would be to the extent it is permissible and would not be available in cases where it is sought to be curtailed by specific provisions in that regard.