1. This Application has been preferred by the applicant-convict no.41050 viz. Narshihbhai Mulubhai being aggrieved by the order dated 30th January, 2012 passed by the IGP [Prisons], Gujarat State, Ahmedabad. He has been denied to enjoy his remaining period of furlough leave.
2. The present applicant has been convicted for the offence punishable under Section-302 of the Indian Penal Code in Session Case No.25 of 2003 and he is undergoing imprisonment for the past 9 years and 2 months. It appears from the jail record that he had made a request for his third furlough leave, as on earlier occasion, he was granted furlough leave but he presented himself thirteen days early after enforcing such leaves of 15 days. He pleaded ignorance of rules/statute in this regard.
3. On having heard learned APP Mr. R.C. Kodekar and having considered the fact that his conduct inside the jail is good and he has been undergoing imprisonment for substantially long period, he may not be deprived of his entitlement of enjoying his third furlough leave only on that count. He is being ignorant. The fact remains that he had surrendered himself within 15 days and his 13 days of furlough leaves has remained unused. This may not be treated as a precedent. However, keeping in mind the overall good conduct of the accused, his literary condition and overall circumstances, his request for grant of 13 days of furlough leaves is being permitted with the following conditions:
a) Applicant-convict shall be permitted his thirteen days of furlough leave and such period shall begin on the date on which he is released from the jail;
b) Applicant shall be permitted to enjoy furlough on his furnishing personal bond of Rs. 10,000/- and one surety of like amount.
c) While on furlough, he shall not indulge in any activity which is contrary to the law;
d) Upon completion of the said furlough leave period, the applicant shall surrender before the jail authorities.
Special Criminal Application stands disposed of. Order dated order dated 30th January, 2012 passed by the IGP [Prisons], Gujarat State, Ahmedabad is quashed. Rule is made absolute accordingly.
Registry shall forthwith communicate this order to the prisoner in jail.
(MS SONIA GOKANI, J.) chandrashekhar* Top