PASHABHAI JAISHANKER NAIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx.

(2.) After being served with the notice, the respondents appeared through the learned APP. Mr. Kamal Mehta, who on their behalf has submitted that the petitioner was once released on parole on 3rd July 199.1. He thereafter did not report back in time and surrendered to the custody on 31st May 1995. As he surrendered late by 3 years, 9 months and 24 days, Khatla proceedings were initiated against him under the provision of the Jail Manual. He was on 6th June 1995 punished. The amounts of parole deposit were forfeited and whatever remission he was entitled to, was also cut of. Because of his such wrong and punishment imposed, the petitioner was not entitled to the first furlough that became due in July 1996. He has then urged to reject this application submitting that the prisoners who has misused his liberty is not entitled to furlough.

(3.) The learned Advocate representing the petitioner has contended that for surrendering back to the custody late, after being released on parole in July 1991, the petitioner was adequately punished. While imposing the punishment, forfeiture of furlough was not resorted to. When the authority, while imposing the punishment did not prefer to forfeit the furlough that might become due in future, it was not open to the authority to forfeit the furlough later on, on any count, as it would amount to double jeopardy.