GOVINDBHAI MANSING DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Whether the period during which an accused person remains in detention before his conviction falls within the ambit of the expression Sactual imprisonment appearing in Rule 3(1) and (2) of the Prisons (Bombay Furlough and Parole) Rules, 1959 (hereinafter referred to as Sthe Rules) as applicable to the State of Gujarat is the question which arises for determination in these appeals filed under Clause 15 of the Letters Patent.

(2.) For the sake of convenience, we have taken the facts from Letters Patent Appeal No. 498 of 2005.

(3.) The appellant was arrested on 8.3.2002 in connection with the criminal case registered against him under Section 302 read with Section 149 of the Indian Penal Code vide F.I.R No. 55 of 2002 dated 8.3.2002. He was tried in the Court of Additional Sessions Judge (5th Fast Track Court), Nadiad. He was convicted and sentenced to life imprisonment vide judgement dated April 1, 2004. After some time, he filed Special Criminal Application No. 1206 of 2004 in this Court for his release on furlough. The same was disposed of by the learned Single Judge on 26.11.2004 with the observation that he may file an application before the competent authority. The latter was directed to decide the same within 10 days. Thereafter, the appellant filed an application under Rule 3(2) of the Rules for grant of furlough by claiming that he was an agriculturist of village Juni Akol, Tal. Khambhat, and there was none to look after his family. The concerned authority rejected the application on the ground that his case is not covered by Rule 3(2) of the Rules, inasmuch as, on the date of filing of application he had not undergone 2 years imprisonment after conviction. The decision of the competent authority was conveyed to the appellant by the office of the Public Prosecutor vide letter dated 6.12.2004.