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Showing contexts for: parole system in Kalpesh Gunwantlal Soni vs State Of Gujarat And Ors. on 30 December, 1999Matching Fragments
If any prisoners fails without sufficient cause to observe any of the conditions on which his sentence was suspended or remitted or furlough or release on parole was granted to him, he shall be deemed to have committed a prison offence and the Suptdt. may, after obtaining his explanation, punish such offence by:
(1) a formal warning as provided in clause (1) of sec.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 (4) loss of such other privileges as the State Government may by general or special order, direct."
28. The object of Parole and Furlough Rules is to humanise penal system and 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 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 Rule 4(1)) latter part will have to be read as `may'.