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16 The applicability of these Rules was considered by a two judge Bench of this Court in State of Maharashtra v. Suresh Pandurang Darvakar 10. Justice Arijit Pasayat, speaking for the Bench held that:

(2006) 4 SCC 776  “5. According to the learned counsel for the appellants, the High Court has not kept in view Rules 4(4) and 6 of the Prisons (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.