DNYANOBA SAKHARAM VIKHE Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) This petition impugns the order of refusal of furlough leave to the petitioner on the ground that the petitioner having been transferred to Ratnagiri Special Prison, his application for furlough leave cannot be considered.

(2.) The petitioner is a convict prisoner presently in Ratnagiri Special Prison, Rantagiri, Maharashtra. He was sentenced to serve life imprisonment on 30-3-1992 for the offence punishable under section 302 of Indian Penal Code in Sessions Case No. 94/1990 by the Parbhani District & Sessions Judge and was prior to his transfer, undergoing his sentence at Aurangabad Central Prison.

(3.) The case of the petitioner is that he has served more than 7 years of imprisonment and therefore entitled to furlough leave under Rule 3 of the Prisons (Bombay Furlough and Parole) Rules, 1959. According to the petitioner while he was at Aurangabad Central Prison, he was due for furlough leave on 4-7-2005. However, he was released on furlough only after 9 months after the date on which he was due for release on furlough i.e. on 1-4-2006. He thereafter returned from furlough leave on time i.e. on 16-4-2006. He thus became due for release on furlough leave again on 4-7-2006, considering the fact that one year has elapsed from the date on which he was due for release on furlough in previous year i.e. from 4-7-2005.