NARSING N GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner was convicted for the offence punishable under Sec. 302 of the Indian Penal Code by the Additional Sessions Judge Surat on 31/07/1984 He was entitled to have furlough on 31/07/1986 However the I. G. Prisons. has not granted it. Hence the petitioner filed Special Criminal Application No. 1142 of 1987. That application was disposed of by our order dated 6-11-1987 wherein we directed the I. G Prisons to decide the prayer of the petitioner by taking into consideration the fact that if the petitioner is released on furlough he would stay at village Advana taluka Porbandar district Junagadh and would not go to village Sandhkuva taluka Songadh district Surat where the offence took place.

(2.) Inspite of the aforesaid observation the I. G Prisons has not taken into consideration the facts stated in our order and has not granted the petitioners furlough. Mr. Mehta learned Additional Public Prosecutor was not in a position to point out any justifiable specific reason for not releasing the petitioner on furlough.

(3.) At the outset it should be noted that I. G. Prisons should not reject the prisoners application for releasing him on furloush solely on the ground that there is adverse police opinion. The I. G. Prisons before deciding the prisoners application for releasing him on furlough should take into consideration the guidelines laid down under the relevant Rules i.e. the Prisons (Bombay Furlough and Parole) Rules 1959