ABDUL SUBHAN SUL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has invoked Articles 14, 21 and 226 of the Constitution for claiming the relief of additional one week of furlough leave, which, according to him, he should have been allowed when he was released on three furloughs at a time from 1st December 2008 to 20th January 2009. It was pointed out from the jail record by learned APP that the petitioner was, in fact, entitled to and released on three furloughs from 2nd December 2008 to 19th January 2009 for 49 days, which included the period of one week, as permitted under Rule 3 of the Prisons (Bombay Furlough and Parole) Rules, 1959.

(2.) THE dispute and demand of the petitioner appear to have been raised upon misreading of the provisions, insofar as Note-4 below Sub-rule (2) of Rule 3 permits extension of two weeks of furlough leave upto three weeks in case the prisoner is desiring to spend the furlough outside the State. Apparently, additional time is permitted on consideration of time required to be spent in journey to a far off place but that does not mean that even if three furloughs are granted at a time, to be enjoyed in succession, additional period of one week has to be allowed for every furlough of two weeks. Therefore, the petition is not tenable in law. It was, however, argued by learned counsel, Ms. J. C. Bhatt that some other prisoners were allowed such additional time on furlough, which occurrence was stated by learned APP to have been an error, which is now corrected. In the facts and for the reasons briefly discussed herein above, petition is dismissed and Rule is discharged.