TaxTMI 
TaxTMI 
2021 (11) TMI 723
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.... together with a fine of Rs. 1,00,000/-, and in default, simple imprisonment of one year; (iii) Section 354: three years' rigorous imprisonment together with a fine of Rs. 25,000/-, and in default, simple imprisonment of six months; (iv) Section 504: one year's rigorous imprisonment together with a fine of Rs. 5,000/-, and in default simple imprisonment of three months; (v) Section 506(2): three years' rigorous imprisonment together with a fine of Rs. 5,000/- and in default, simple imprisonment of one month; (vi) Section 508: one year's rigorous imprisonment together with a fine of Rs. 5,000/- and in default, simple imprisonment of one month; (vii) Section 323: six months' rigorous imprisonment together with a fine of Rs. 500/- and in default, simple imprisonment of one month; The respondent was directed to pay compensation of Rs. 5,00,000/- under Section 357(3) of the Code of Criminal Procedure 1973, to the prosecutrix. All sentences were directed to run concurrently. 3 The respondent was released on temporary bail for a period of three weeks on 16 April 2015 and for a period of two days on 15 February 2019. The respondent was granted furlough from 5 December 2020 for ....
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....d may commit offensive acts in the future. The respondent may also threaten the husband of the complainant or other witnesses if he is released on furlough; (d) A complaint, ICR No. 31/2014, was registered under Sections 324 and 114 of the IPC and Section 135 of the Gujarat Police Act 1951, against two unknown persons for assaulting and injuring one Rakesh Jayantilal Patel, a witness in the Asaram case, on 10 March 2014 on his head with a weapon; (e) A complaint, ICR No. 69/2014, was registered under Sections 307, 326(A), and 114 of the IPC against two persons who claimed to be sadhaks of Asaram for assaulting and injuring one Dinesh Bhagchandani, a witness in the Asaram case, on 16 March 2014 by throwing acid on him and attempting to murder him; (f) A complaint, ICR No. 133/2014, was registered under Sections 307 of the IPC, Sections 25(1)(A)(B) and 27 of the Arms Act 1959, and Section 135(1) of the Gujarat Police Act 1951, against one unknown person for assaulting and injuring one Amrut Prajapati, a witness in the Asaram case, on 23 May 2014 by firing a revolver with the intention of causing death. The witness suffered severe injury and died during treatment; (g) The offe....
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....en registered against the followers of the respondent and seven offences have been registered against him; (iv) one of these seven offences is being supervised by an IPS officer, Shoba Bhutada, who has been threatened by the followers of the respondent; (v) the respondent is not a normal prisoner who may be considered for grant of furlough. He has a group of thousands of head strong followers, spanning across the country who are willing to commit offences at the instance of the respondent; (vi) in case the respondent is released on furlough, the lives of the witnesses in the original trial will be under threat. The respondent may interrupt the judicial proceedings for prosecution of the seven offences pending against him; and (vii) the respondent is engaged in dangerous activities of organized crime and has a network of persons and a financial background. 6 The respondent moved the High Court under Section 482 CrPC for setting aside the order dated 8 May 2021. The respondent relied on the proviso to Rule 3(2) of Prisons (Bombay Furlough and Parole) Rules 1959 "Bombay Furlough and Parole Rules" or "Rules" and urged that a prisoner sentenced to life imprisonment may be relea....
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....ically as a matter of right. Rule 3 creates an option for the prisoner to be released on furlough and the said Rule is subject to Rule 4; (ii) Under sub-Rules 4, 6 and 10 of Rule 4 of the Bombay Furlough and Parole Rules, prisoners whose release is not recommended by the Commissioner of Police or the District Magistrate on grounds of public peace and tranquility; prisoners whose conduct is not satisfactory in the opinion of Superintendent of the Prison; and prisoners who have escaped or attempted to escape from custody or have defaulted in surrendering after release on parole or furlough, shall not be considered for release on furlough; (iii) Rule 17 of the Bombay Furlough and Parole Rules provides that the Rules do not confer a legal right on the prisoner to claim release on furlough; (iv) In State of Maharashtra v. Suresh Pandurang Darvakar (2006) 4 SCC 776 this Court has held that furlough can be refused in cases where there are concerns of public peace and tranquility; (v) Furlough can be denied if it is not in the interest of the society as held in Asfaq v. State of Rajasthan (2017) 15 SCC 55; (vi) The facts of the case indicate the gross nature of crime, which disen....
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....gh to take care of his father's medical care and treatment; (iii) The appeal against the respondent's conviction and the application for suspension of sentence are pending for hearing before the High Court; (iv) The respondent has been released on temporary bail and furlough leave on four occasions and no untoward incident was reported during his release; (v) The furlough leave is a matter of right and is granted periodically to prisoners to continue their association with their families; (vi) Apart from the present case, the respondent is an accused in two criminal cases and has been granted bail in both the cases; (vii) With respect to the other offences mentioned in the order dated 8 May 2021, the respondent is not associated with the attacks, his name has not been mentioned in the FIRs and there is no proof to show that the respondent is connected to the accused in those cases. Since he has already been convicted, there is no question of threatening the witnesses; (viii) The infractions referred to by the Superintendent of Prison to the grant of furlough to the respondent are minor and have no nexus to respondent's behaviour once he is released on furlough; (ix) T....
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....cordance with sub-rule (1) instead of every two years under sub-rule (2). Note 2: For the purposes of this rule, the period of imprisonment shall be computed as the total period for which a prisoner is sentenced even though one or more sentences be concurrent. Note 3: If at any time a prisoner who could have been granted furlough is either not granted or is refused the same the period for which he could have been granted the furlough shall not be carried forward but shall lapse. Note 4: The period of two weeks may be initially extended up to three weeks in the case of prisoners desiring to spend the furlough outside the State of Bombay. Note 5: An order sanctioning the release of a prisoner on furlough shall cease to be valid if not given effect within a period of two months of the date thereof." (emphasis supplied) Rule 4 further stipulates the conditions when furlough shall not be granted: "4. When prisoners shall not be granted furlough.- The following categories of prisoners shall not be considered for release on furlough:- (1) Habitual prisoners. (2) Prisoners convicted of offenses under sections 392 to 402 (both inclusive) of the Indian Penal Code. (3) Pr....
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....at, speaking for the Bench held that: "5. According to the learned counsel for the appellants, the High Court has not kept in view Rules 4(4) and 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959 (in short "the Rules"). The said Rules have been framed in exercise of powers conferred by clauses (5) and (28) of Section 59 of the Prisons Act, 1894 (in short "the Act") in its application to the State of Maharashtra as it stood then. The expression "furlough system" is defined in clause (5-A) of Section 3 of the Act, while the expression "parole system" is defined in clause (5-B) of the said provision. The underlying object of the Rules relating to "parole" and "furlough" have been mentioned in the report submitted by All-India Jail Manual Committee and the objects mentioned in Model Prison Manual. The "furlough" and "parole" have two different purposes. It is not necessary to state the reasons while releasing the prisoner on furlough, but in case of parole reasons are to be indicated in terms of Rule 19. But release on furlough cannot be said to be an absolute right of the prisoner as culled out from Rule 17. It is subject to the conditions mentioned in Rules 4(4) and 6. Furl....
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....ounted towards the total period of his sentence undergone by him." 19 In Asfaq v. State of Rajasthan (2017) 15 SCC 55, Justice AK Sikri, speaking for the two-judge Bench observed that: "11. There is a subtle distinction between parole and furlough. A parole can be defined as conditional release of prisoners i.e. an early release of a prisoner, conditional on good behaviour and regular reporting to the authorities for a set period of time. It can also be defined as a form of conditional pardon by which the convict is released before the expiration of his term. Thus, the parole is granted for good behaviour on the condition that parolee regularly reports to a supervising officer for a specified period. Such a release of the prisoner on parole can also be temporarily on some basic grounds. In that eventuality, it is to be treated as mere suspension of the sentence for time being, keeping the quantum of sentence intact. Release on parole is designed to afford some relief to the prisoners in certain specified exigencies. [...] 14. Furlough, on the other hand, is a brief release from the prison. It is conditional and is given in case of long-term imprisonment. The period of senten....
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.... number of crimes are committed by the offenders who have been put back in the street after conviction. Therefore, while deciding as to whether a particular prisoner deserves to be released on parole or not, the aforesaid aspects have also to be kept in mind. To put it tersely, the authorities are supposed to address the question as to whether the convict is such a person who has the tendency to commit such a crime or he is showing tendency to reform himself to become a good citizen. 20. Thus, not all people in prison are appropriate for grant of furlough or parole. Obviously, society must isolate those who show patterns of preying upon victims. Yet administrators ought to encourage those offenders who demonstrate a commitment to reconcile with society and whose behaviour shows that they aspire to live as law-abiding citizens. Thus, parole programme should be used as a tool to shape such adjustments." (emphasis supplied) 20 The principles may be formulated in broad, general terms bearing in mind the caveat that the governing rules for parole and furlough have to be applied in each context. The principles are thus: (i) Furlough and parole envisage a short-term temporary release....
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.... whose release is not recommended by the Commissioner of Police on grounds of public peace and tranquillity may not be considered eligible for furlough. Rule 4(6) provides for rejection of furlough leave where the conduct of the prisoner is not satisfactory and Rule 4(10) provides that prisoners who have escaped, or attempted to escape from lawful custody or have defaulted in surrendering, may not be eligible for furlough. 24 The record does not show that the respondent has made any efforts to escape from lawful custody. After the grant of furlough in December 2020 and interim bail from 31 January 2021 till 3 February 2021, the respondent surrendered to the authorities. Thus, Rule 4(10) of the Rules cannot be relied upon to refuse furlough leave to the respondent. 25 Turning now to Rule 4(6) of the Rules, the Jail Superintendent has given a negative opinion based on the fact that the respondent kept a mobile phone inside the jail illegally and attempted to make contacts with the outside world. Rule 4(4) of the Rules provides for denial of furlough on grounds of disturbance to public peace and tranquillity. The order dated 8 May 2021 has adduced a number of circumstances which cum....