MANIK BAPURAO SHEJAL Vs. DY. INSPECTOR GENERAL (PRISONS)

JUDGEMENT

(1.) Present petition is against the impugned order dated 5.11.2016 passed by the respondent no. 1.

(2.) It is submitted that the petitioner has been convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. He is undergoing sentence of life imprisonment at Open Prison, Morshi. It is submitted that the petitioner submitted an application for releasing him on furlough to the respondent no. The respondent no. 2 forwarded the said application to the respondent no. 1. The respondent no. 1 vide order dated 5.11.2016 mechanically rejected the application without proper application of mind. It is submitted that the respondent no. 1 has miserably overlooked the provisions governing release of convict on furlough. It is submitted that Rule 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959 provides that furlough should not be granted without a surety, same is not mandatory as there are exception to it which are provided further in proviso to Rule 6 as under :

(3.) The petition is strongly opposed by the respondents by filing reply. It is submitted that as per the Rules, the petitioner has to provide surety for his release. The petitioner submitted the name of surety. Surety of petitioner is not ready to execute the surety bond and, therefore, his application for furlough is rightly rejected.