The applicant has forwarded his representation through Jail authorities, with a grievance that he has not been granted furlough. Admittedly, the applicant is sent to civil jail for non-compliance with the order of maintenance made in favour of his wife. It appears that for having failed to pay arrears of maintenance, amounting to about Rs.25,000/-, he has been directed to be detained for a period of 500 days and he has already undergone sentence of over one year and two months.
What came against his release on furlough is that the Police reported to the Jail authorities that he may harass his wife, who is residing at Kapadvanj of Kheda District.
In his application, the applicant says that when released on furlough, he will stay at Nainpur, Taluka Mehmedabad, District : Kheda. The fact remains that the applicant has not been convicted for any of the offences under the Indian Penal Code or for any criminal offence, but only in a proceeding under Section 125, Criminal Procedure Code, for not having complied with the order of maintenance. It stands to reason that if he had money, he would not have allowed himself to be jailed and in any case, not for a period of nearly 14 months. It, therefore, does show that he is unable to pay the amount and hence, some leniency is required to be shown to him. In this view of the matter, the Inspector General of Prisons is required to reconsider his decision in the matter of furlough leave and further consider that the applicant should be confined to remain himself at Nainpur, Taluka Mehmedabad, District : Kheda. Application accordingly stands disposed of.
20th December, 1996( G.D. Kamat, C.J. ) **** (apj)