said
Rule is subject to Rule 4;
(ii) Under sub-Rules 4, 6 and 10 of Rule 4 of the Bombay Furlough and Parole
Rules ... denial of furlough. The grant of furlough under Rule 3
is subject to Rule 4 of the Bombay Furlough and Parole Rules which
accords weight
order passed by the Competent Authority exercising
powers under Prisons (Bombay Furlough and Parole) Rules,
1959.
3]
The petitioner is the original accused ... person is not entitled to
furlough leave in terms of Rule 4 of the Prisons (Bombay
Furlough & Parole) Rules, 1959 (for short 1959 rules
makes it different in nature with the parole granted under the Prisons (Bombay Furlough and Parole) (Amendment) Rules, 1989. Thirdly, under the Prisons (Bombay Furlough ... grant parole, under the rules of Prisoners (Bombay Furlough and Parole) or Rajasthan Prisons (Release on Parole) Rules, 1958 follows from the powers under
relevant rules in respect of grant of parole as prescribed under Rules 18(1)(2) and 19 of the Prisons (Bombay Furlough and Parole) Rules ... furlough, should take into consideration the guidelines laid down under the relevant rules, i.e., the Prisons (Bombay Furlough and Parole) Rules, 1959.
4. Firstly
considered while deciding the furlough leave application are mentioned in Rule 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959. It is, therefore, contended ... applications for grant or refusal of furlough leave. Rule 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959 clearly denotes contingencies in which furlough
authority exercising powers under the provisions contained in the Bombay [Furlough and Parole] Rules, 1959, refuses to exercise the powers vested in it or exercise ... created under the Prisons Act, 1894 and Prisoners [Bombay Furlough and Parole] Rules, 1959, in absence of violation of the constitutional right, question of entertaining
release him on parole leave for a period of one month under the provisions of Prisons (Bombay Furlough & Parole) Rules. 1959 (hereinafter referred ... making special provision about the same in the Prisons (Bombay Furlough & Parole) Rules, 1959. While rejecting the Special Criminal Application the learned Judge directed
terms of
Rule 4 (13) of the Prisons (Bombay Furlough and Parole) Rules, 1959 even
otherwise is prima facie bad in law in view ... heavily relied on the Rule 4 (13) of Prison
Act, 1984. Rule 4 (13) of the Prisons (Bombay Furlough and Parole) Rules,
1959, which reads
entitled for their release on furlough, as per
Rule 3(i) of the Prisons (Bombay Furlough & Parole)
Rules, 1959 [Hereinafter referred ... passed by the authorities under
Prison Act and Rules framed thereunder in respect of
parole and furlough rules, is unwarranted, uncalled
for and unnecessary, when convict
Bench having noticed relevant provisions of Prisons
(Bombay Furlough and Parole) rules, 1959, while answering
reference (per Hon'ble Chief Justice B.C. Patel ... sentence. Even as per rules applicable to State of Gujarat,
more particularly, Rule 20 of the Prisons (Bombay Furlough
and Parole) Rules, 1959, which
