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Atmaram Vs. The State of Maharashtra and Ors. - (High Court of Bombay) (20 Mar 2019)

Prisoner sentenced for offence of rape or rape with murder is not eligible to get furlough leave



The petition is filed for relief of quashing of communication of the Deputy Inspector General, Central Prison, by which the application made for furlough leave is rejected and relief is claimed of further direction to release the Petitioner on furlough leave. The Petitioner is kept in Central Jail for undergoing the sentence given to him in Sessions Case, which is decided by the learned Additional Sessions Judge, for the offence punishable under Section 376(G) of the Indian Penal Code, 1860 (IPC) and few sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and he is sentenced to suffer imprisonment for life.

The Notification dated 16th April, 2018 provided that, the prisoner sentenced for the offence of rape or rape with murder is not eligible to get furlough leave. Further, a person sentenced for the offence of attempt of rape with murder is also not eligible to get furlough leave. In the present matter on the date of application, the Petitioner was not eligible to get furlough leave as he was suffering the sentence for the offence of rape.

The scheme prepared by the Prisoners Rule of 1959 and particularly Rules 5 to 16 shows that, there is no vested right to the prisoner to get furlough leave. A person, who is held eligible under the Rules can be considered under Rule 4, but for that, the time frame is given for processing the matter in Rule 8. Due to such scheme, it can be said that if during the pendency of application of the prisoner, there is amendment and if the offence for which the prisoner is sentenced is added as exception like present one, the amended provision can be used against him.

It is clear that the prisoner has no legal right to get furlough leave and even if he can be considered under the Rules, the procedure required needs to be followed for sanction of furlough leave. As the State Government has taken the decision not to exercise the power, not to grant furlough leave to prisoner, who is sentenced for offence of rape, there is no possibility of interference in the order made by the authority. The petition stands dismissed.


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