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Documents citing The State Of Gujarat vs Narayan @ Narayan Sai @ Mota Bhagwan ... on 20 October, 2021

Budhi Singh vs State Of Nct Of Delhi on 3 July, 2023

33. The learned amicus further relied on the judgement passed by the Hon'ble Apex Court in State of Gujarat v. Narayan a Narayan Sai @ MotaBhagwanAsaram: 2021 SCC OnLine SC 949; wherein a convict who was convicted under Section 376 IPC applied for furlough, and the same was rejected by the DG Prisons., which was later overturned by the Hon'ble High Court. While setting aside the order of the High Court (which granted furlough to the convict), the Hon'ble Apex Court held that a prisoner does not have an absolute legal right to claim furlough. The grant of furlough must be balanced against the public interest and can be refused to certain categories of prisoners.
Delhi High Court Cites 33 - Cited by 0 - Full Document

Birju Salla @ Amar Soni S/O Kishor Salla ... vs State Of Gujarat on 29 July, 2022

12. Having considered the rival contentions of the respective parties and having gone through the impugned order, it appears that, except reference of the negative reports, no any cogent reason being assigned by the authority while rejecting the application. Even in the affidavit reply, no any further facts of negative reports have been highlighted by the Additional superintendent of Police, NIA. It is not in dispute that, the applicant is in jail since last 4 years and 8 months without any parole and furlough leave except temporary bail for a period of 5 days with police escort. Recently, in the case of Atbir Vs. State NCT of Delhi, [AIR 2022 SC 2911] the Apex Court after referring the case of State of Gujarat Vs. Narayan @ Narayan Sai (Supra), it was observed that, furlough can be claimed without a reason as granting furlough is to break monotony of imprisonment and enable the convict to maintain continuity of family life and integration with the society.
Gujarat High Court Cites 7 - Cited by 0 - I J Vora - Full Document

Sardar S/O Shahvali Khan (C-6608) vs Superintendent Central Prison, ... on 28 October, 2021

13. It is thus clear that grant of release on furlough is discretionary remedy circumscribed by Rules 3 and 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959 and in terms of Rule 19 of the Rules, the said provisions are made applicable ::: Uploaded on - 29/10/2021 ::: Downloaded on - 30/10/2021 05:16:34 ::: cwp644.21 9 to parole. Thus, considering the entire aspect of the case and particularly the view taken by this Court in Criminal Writ Petition No. 2501 of 2021 (Sahebrao Kaluram Bhintade vs. The State of Maharashtra and others) and in terms of ratio laid down by the Supreme Court in Criminal Appeal No. 1159 of 2021 (State of Gujarat and another vs. Narayan @ Narayan Sai @ Mota Bhagwan Asaram @ Asumal Harpalani, we are of the considered opinion that this writ petition is liable to be dismissed. It is, however, open for the petitioner to approach the authority concerned by filing an application for parole in usual course as per the norms. Hence the following order:-
Bombay High Court Cites 4 - Cited by 0 - V K Jadhav - Full Document

Sandhya vs The Secretary on 31 July, 2023

17. We notice that the Prisons Act or Rules neither employ the term 'parole' nor 'furlough'. However, the underlying principles emerging from the above referred binding precedents would only reiterate our finding based on the interpretation the Prisons Act and Rules, that grant of parole/leave cannot be an absolute/vested right in the hands of the prisoner. Instead, it is circumscribed by the stipulations in Section 73 in the matter of parole and Section 78, read with Rule 397, in the matter of leave. We repeat to note that both under Sections 73 and 78, the language employed is "may". Rule 397(l) of the Prisons Rules is comparable to Rule(4) of Prisons (Bombay Furlough and Parole) Rules dealt with in Narayan (supra).
Kerala High Court Cites 21 - Cited by 0 - A Thomas - Full Document

Govabhai Nagjibhai Rabari Thro Sitaben ... vs State Of Gujarat on 3 January, 2024

NEUTRAL CITATION R/SCR.A/10500/2023 ORDER DATED: 03/01/2024 undefined 5.3 It is true that the Hon'ble Apex Court in its judgment in case of Narayan Sai (supra) has held that furlough leave is not available as a matter of legal right. However, the statute entitles the convict for being enlarged on furlough leave. Therefore, though furlough leave may not be claimed as a matter of legal right, the statute enables the convict to claim the same and such claim is required to be decided in accordance with the provisions of Rules 3 and 4 of the Prisoners (Bombay Furlough and Parole) Rules, 1959. Rule 4 of the Rules clarifies circumstances wherein the convict cannot be released on furlough. The concerned authority has declined the application of the petitioner mainly on the ground of Rule 4(4) of the Rules. The record indicates that the petitioner has been previously considered for parole leave with police escort and no untoward incident is reported on any of the occasions.
Gujarat High Court Cites 10 - Cited by 0 - Full Document
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