Furlough and Parole

Judgement Ratio Decidendi

1. State of Gujarat and Another v. Interpreting the Bombay Furlough and Parole
Narayan @ Narayan Sai @Mota Rules, made pursuant to Section 59 of the Prisons
Bhagwan Asaram @ Asumal Act 1894, the Court noticed that the same do not
Harplani confer a legal right on a prisoner to be released on
furlough.
Criminal Appeal No. 1159 of 2021 “The grant of furlough is regulated by Rule 3 and
20.10.2021 Rule 4. While Rule 3 provides the eligibility
criteria for grant of furlough for prisoners serving
different lengths of imprisonment, Rule 4 imposes
limitations. The use of the expression “may be
released” in Rule 3 indicates the absence of an
absolute right. This is further emphasised in Rule
17 which states that said Rules do not confer a
legal right on a prisoner to claim release on
furlough. Thus, the grant of release on furlough is
a discretionary remedy circumscribed by Rules 3
and 4 as extracted above.”

2.
3.
4.
5.

Writ Petition No. 607 of 2019 (Para 4)

(Parol)
The petitioner requested parole extension until October 7, 2015, but surrendered on
Subhash Shrimant Dhaygude October 6, 2015. It appears that the decision on the extension was made after the
Vs requested period had already ended.
State of Maharashtra

Criminal writ petition no. 17 of 2018 (Para 3)

(furlough)
The Assistant Police Inspector from Kinhawali Police Station submitted the report,
Rohan Dattatraya Deshmukh expressing concerns about potential disturbances and petitioner's threat to witnesses and
Vs the complainant if released on furlough, but did not cite grounds related to public peace
The State of Maharashtra through and tranquility.
Additional Director General of
Police and others