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furlough leave cannot be denied to prison on the ground of local solvant surity

Raj Kumar Makkad ,
  20 September 2010       Share Bookmark

Court :
Bombay High Court
Brief :
Application for furlough leave - Rejected on the ground of local surety - Appeal against thereto - Whether the condition specified in Government Circular dated 16th December 2008, requiring the prisoners from other States to furnish local surety within the State of Maharashtra, for availing furlough leave, infringes the right of such prisoner?
Citation :
Subodh Prasad Urf Anil Chotu Jagdish Mahato v. State of Maharastra (Decided on 07.09.2010 )

Held, after considering the facts of the case, Court found no hesitation in setting aside the condition imposed by the Authority in each of these Petitions to furnish local solvent surety only from State of Maharashtra. Further, the relevant clause in the Government Circular dated 16th December 2008 will have to be read to mean to submit inquiry report as to whether it is necessary to provide a local surety. The requirement of furnishing local solvent surety from Maharashtra cannot be treated as condition precedent for grant of furlough leave to prisoners from other States. On the other hand, if the prisoner/convict is in a position to offer solvent surety, albeit, from outside Maharashtra, there is no reason to discard such surety, unless there is adverse report as in the case in the first Petition before us relating to the area where the prisoner intends to spend his furlough leave. At the same time, the Authority can refuse or not recommend release of the prisoner in question on the ground of public peace and tranquility or such other grounds specified in Rule 4 in Clauses (1) to (10) thereof.

 
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Published in Criminal Law
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