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Showing contexts for: parole rules in Arsh Mohamad Lal Mohamad vs State Of Gujarat on 24 March, 2023Matching Fragments
1. Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondents.
2. By way of this application the applicant inter alia raises a grievance as regards furlough leave granted to the applicant vide order dated 12.10.2022 not being executed.
3. It would appear that while the authorities had considered the case of the applicant for release on furlough leave and whereas vide the order referred to hereinabove, the applicant had been granted furlough leave for a period of 21 days, it would appear that on account of certain exigencies, which are not very relevant for the purpose of this application, the said order could not be executed for a period of 60 days from the date of that said order. It would also appear that as per Rule 3 (Note 5) of the Prison ( Bombay Furlough and Parole) Rules, 1959 an order sanctioning the release R/SCR.A/3486/2023 ORDER DATED: 24/03/2023 of a prisoner on furlough shall cease to be valid if not given effect to within a period of two months of the date thereof. On account of the said provision, the order lost its efficacy upon completion of two months.
6. In this view of the matter, in the considered opinion of this Court, since it appears that the note along with Rule 3 of the Prison ( Bombay Furlough and Parole) Rules, 1959 may be an explanation and may not be a R/SCR.A/3486/2023 ORDER DATED: 24/03/2023 statutorily binding provision, therefore it is directed that the order releasing the applicant on furlough leave dated 12.10.2022 would be directed to be effected from 03.04.2023.
7. It is clarified that the period of two months as stated at Note 5 of Rule 3 of the Prison ( Bombay Furlough and Parole) Rules, 1959 shall deemed to commence from 03.04.2023. The authorities are directed to give effect to the order releasing the present applicant on furlough leave as expeditiously as possible subject to the conditions that may be deemed to be appropriate to be imposed by the authorities.