ARSH MOHAMAD LAL MOHAMAD Vs. STATE OF GUJARAT

JUDGEMENT

(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 dtd. 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 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.