JAYANTIBHAI REVABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) (Rule. Mr. U. R. Bhatt, the learned A.G.P. waives service of Rule. Heard the learned Advocates.) Petitioner-Jayantibhai Revabhai, a convict prisoner undergoing life sentence at the Central Prison, Vadodara by this writ petition under Arts. 226 and 227 of the Constitution, has brought under challenge the impugned order dated 15-11-1992, passed by the Inspector General of Prisons, Ahmedabad, rejecting his fifth furlough, inter alia praying fur (i) quashing and setting aside the same, and (ii) to grant rightful fifth furlough.

(2.) Mrs. S. S. Patel, the learned Advocate for the petitioner while pressing hard for the fifth furlough to petitioner has highlighted several undisputed glaring circumstances in support of her case, available on the Jail record itself which are enumerated as under : (i) that by this time, petitioner has already been released four times on furlough and twice on parole leave, and without any exception all throughout, he surrendered himself to the Jail Authorities in time on expiry of the stipulated period of the said furlough/parole leave; (ii) not only that but during the period, petitioner was so released on parole/ furlough, not a single untoward incident has taken place; (iii) that while in Jail also, the conduct of the prisoner has been found to be satisfactory; (iv) that by this time, the prisoner has already undergone substantive sentence of imprisonment for 8 years, 4 months and 29 days, exclusive of the period of remission earned by him. On the basis of the above submissions, it was finally urged by Mrs. Patel that taking into consideration the self-evident clean conduct of the petitioner, the impugned order rejecting his fifth furlough is on face of it illegal, unjust, and therefore, the same deserves to be at once quashed and set aside, and that petitioner accordingly be ordered to be released on his fifth furlough forthwith.

(3.) As against the above, Mr. U. R. Bhatt, the learned A.G.P. justifying the impugned order of Inspector General of Prisons of not granting the fifth furlough to the petitioner has highlighted other side of the picture by making following submissions : (i) That petitioner is one of the co-accused of notorious Babu Satyam Bhaiya, the convict prisoner of Amraiwadi tripple murder case; (ii) that one more co-accused of the said Babu Satyam Bhaiya, namely, Dilip Shankar is also absconding for last four years, after he came to be released on parole since 3-1-1988; (iii) that in the course of last few months, about 27 prisoners who were released either on parole or furlough have not surrendered so far to the Jail Authorities and are found to be absconding. Mr. Bhatt further submitted that taking into consideration the above grave circumstances, the I. G. prisons has quite advisedly exercised his just discretion on safer side by not granting fifth furlough to the petitioner, and in that view of the matter, it cannot be said that the impugned order of I.G. Prisons was in any way illegal, unjust and arbitrary calling for any interference to get it quashed.