BHIPAT VIRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition praying that the respondents be directed to release the petitioner either on furlough or parole leave. The respondents have opposed this petition.

(2.) In this case it is an admitted position that the petitioner was convicted on 7-11-1981. On four occasions he was released on parole and on one occasion i. e. on 20-9-1985 when he was released on furlough he surrendered late by four days. However it is significant to note that when the petitioner was released either on parole or furlough at no time any untoward incident or breach of peace took place. It is also an admitted position that since October 1985 the petitioner is not released on parole or furlough. In this view of the matter at the time of admitting the petition we passed the following interim order on 17-2-1987:

(3.) In the affidavit-in-reply filed on 20-2-1987 by Mr. H. V. Doshi Administrative Officer in the Office of the Inspector General of Prison it has been pointed out that furlough leave is rejected on 27-1-1987 by the Inspector General of Prison on the ground that the petitioner surrendered late by four days when he was released on furlough in year 1985 and for that reliance is placed on the Full Bench decision of this Court in Special Criminal Application No. 795 of 1985 decided on 28 wherein it has been observed that the authorities have the power and duty to consider the grant or refusal of such furlough due to the prisoner having regard to the facts and circumstances of the case including the fact that the prisoner had surrendered late in the past and that would be one of the relevant factors to be taken into account.