Furlough is not a legal right of Prisioner – Son of Asha Ram denied to furlough – SC
October 20, 2021
Respondent Narayan @ Narayan Sai S/o Asaa Ram was convicted U/s 376/377/354/504/506/508/323 IPC and his application for furlough was dismissed by the DGP on the ground that in criminal misconduct to hinder the judicial proceedings during trial by threatening, assaulting and murdering witnesses;In case the respondent is released on furlough, the lives of the witnesses in the original trial will be under threat.The respondent moved the High Court under Section 482 CrPC for setting aside the order dated 8 May 2021. The respondent relied on the proviso to Rule 3(2) of Prisons (Bombay Furlough and Parole) Rules 1959 and urged that a prisoner sentenced to life imprisonment may be released on furlough every year instead of every two years, after he completes seven years of imprisonment. It was also submitted that furlough leave is granted as a matter of right. High court allowed on the ground the reasons furnished by the DGP for denying furlough were considered by the High Court in its previous order dated 2 December 2020, pursuant to which the respondent was released on furlough for a period of two weeks; No untoward incident took place after the respondent was released in December 2020 and the respondent did not misuse the liberty granted to him during the period of furlough. Appellant approached the Apex court – Bombay Furlough and Parole Rules do not confer a legal right on a prisoner to be released on furlough. The grant of furlough is regulated by Rule 3 and Rule 4. While Rule 3 provides the eligibility criteria for grant of furlough for prisoners serving different lengths of imprisonment, Rule 4 imposes limitations. The use of the expression “may be released” in Rule 3 indicates the absence of an absolute right. This is further emphasised in Rule 17 which states that said Rules do not confer a legal right on a prisoner to claim release on furlough. Thus the grant of release on furlough is a discretionary remedy.
State of Gujarat & Anr.
Versus
Narayan @ Narayan Sai @ Mota Bhagwan Asaram @ Asumal Harpalani
