BABI JANU FALE Vs. INSPECTOR GENERAL OF PRISONS

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Additional Public Prosecutor for the State.

(2.) Rule. Taken up for hearing forthwith by consent of Counsel.

(3.) This Criminal Writ Petition seeks a writ of mandamus for release of the Petitioner, who is a convict-prisoner, on furlough for 28 days. The Petitioner's application for furlough has been rejected on an adverse police report which appears to be a mere mechanical assertion that there was every possibility that the Petitioner would take an advantage of the release and not surrender before the jail authorities or may not be traceable. The Petitioner had been released either on parole or furlough at least on 14 occasions earlier. There has never been any complaint against the Petitioner that on any of these occasions he either tried to jump the parole or furlough or did not report to the jail authorities. The remarks from the jail authorities which are produced as part of the record in the present Petition, clearly establish this. The police report used for denying furlough appears to be a mere speculative view on the part of the authorities.