LAWS(BOM)-2018-5-42

ADAWAYYA @ SWAMI KUNTAINAWAR Vs. STATE OF GOA,

Decided On May 02, 2018
Adawayya @ Swami Kuntainawar Appellant
V/S
State Of Goa, Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The Respondents waive service. Taken up for final disposal.

(2.) The Petitioner was convicted for the offence punishable under Section 302 of the Indian Penal Code, by Judgment and Order dated 23 March 2017. The Petitioner is undergoing imprisonment since the date of his arrest on 26 March 2013. On 8 June 2013, he had made an application for furlough of twenty one days to go to his native place. The reason given by him is that he has to spend some quality time with his family and to allow him to connect better with the society. This application has been rejected by the Inspector General of Prisons by the impugned order dated 26 October 2017.

(3.) In the impugned order, the Inspector General of Prisons has noted that the Petitioner is not eligible for furlough, as he has not completed the period of imprisonment as required under Rule 310(1) (C) of the Goa Prison Rules, 2006. It is not explained in the impugned order as to what is the exact period of actual imprisonment that the Petitioner has not undergone in terms of Rule 310(1)(C) of the Rules of 2006.