KALUBHAI CHHAGANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule Service of Rule waived by Mr. M.R. Anand, learned Public Prosecutor with Mr. N.D. Gohil, learned APP for the respondents.

(2.) This Special Criminal Application arises on account of the fact that the petitioner's application for furlough moved on 21st November, 1996 has yet not been decided. It is the case of the petitioner that he was sentenced to imprisonment for life upon his conviction under Sec. 302 IPC by the learned Additional Sessions Judge, Surendranagar as per the Judgment and order dated 24.11.1994. His Criminal Appeal is pending for final disposal before this Court. He has, however, been in jail since 8.7.1992.

(3.) The first grievance made on behalf of the respondents is that the petitioner, having not undergone sentence for a minimum period of seven years, would not be entitled to the furlough being granted. Reference in this connection has been made to second proviso to Rule 3 of The Prison (Bombay Furlough & Parole) Rules, 1959. The proviso would read as under: