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Home Criminal

Furlough and parole – Grant of release on furlough is a discretionary remedy

by PLRonline
September 4, 2022
in Criminal
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    Furlough and parole – (i) Furlough and parole envisage a short-term temporary release from custody; (ii) While parole is granted for the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason; (iii) The grant of furlough is to break the monotony of imprisonment and to enable the convict to maintain continuity with family life and integration with society; (iv) Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough; (v) The grant of furlough must be balanced against the public interest and can be refused to certain categories of prisoners.

read here

PLRONLINE 1484403

Prisons (Bombay Furlough and Parole) Rules 1959 ,  Rule 3(2) – Bombay Furlough and Parole Rules do not confer a legal right on a prisoner to be released on furlough – 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 to release on furlough –  Thus the grant of release on furlough is a discretionary remedy circumscribed by Rules 3 and 4 extracted above – Furlough and parole.

read here

PLRONLINE 1484403

Tags: Criminal TrialFurloughParolePrisons (Bombay Furlough and Parole) Rules 1959
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State of Gujarat v. Narayan @ Narayan Sai @ Mota Bhagwan Asaram @ Asumal Harpalani, 2021 SCeJ 1373, PLRONLINE 1484403

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