ROHIT TANGAPPA JOSEPH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is convicted for the offences punishable under Ss. 302 and 120B of the Indian Penal Code, 1860 (IPC), read with Ss. 3(1)(i), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short "MCOC Act"), read with Ss. 25(1)(b) and 27 of the Arms Act, 1959. The maximum punishment imposed is life imprisonment. He applied for furlough of 28 days to meet his inmates for some family urgency. Respondent no.3 - Superintendent of Jail, Central Prison, Amravati, rejected the application taking note of a Government Notification dtd. 2/12/2024, which prohibits convicts under MCOC Act from seeking furlough leave.

(2.) By Notification dtd. 2/12/2024, the Government of Maharashtra, in exercise of powers conferred under Clauses (5) and (28) of Sec. 59 of the Prisons Act, 1894, and in supersession of the Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 (for short "Rules of 1959"), made the Maharashtra Prisons (Furlough and Parole) Rules, 2024 (for short "Rules of 2024"). Rules 3 and 4, which are relevant, read thus :

(3.) As could be seen, Rule 3 provides for objectives for grant of furlough; firstly, to enable prisoners to remain in touch with family, and deal with family matters; secondly, to provide relief from detrimental impact of continuous captivity in prison; and thirdly, to enable prisoners to remain hopeful about future and cultivate active interest in life.