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

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Banking – Forged DD – Liability of person presenting the same – Plaintiff Bank  has passed the Demand Daft being received by way of collection by another bank – U/s 72 of the Contract Act, person receiving proceeds from forged draft liable to refund the money to the bank . [ID 317402]

NIA S. 148 – CrPC S. 389 – Condition of deposit when an accused applies for suspension of sentence under Section 389 – Typically, the accused applies for relief without any conditions – If a blanket order is sought, the court must determine if the case falls under the exception of Section 148 – Impugned orders have been set aside. [(2023-3)211 PLR 260 (SC)]

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CrPC S. 227 - IPC S. 302, 120-B - Discharge - Destruction of evidence - Allegation not substantiated by any material or oral/documentary evidence  - Appellant discharged

CPC Order 21 Rule 32 - Application for taking lawful action against the respondents - Dismissed

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

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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.

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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.

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PLRONLINE 1484403

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Tags: Criminal Trial, Furlough, Parole, Prisons (Bombay Furlough and Parole) Rules 1959
Tags: Criminal TrialFurloughParolePrisons (Bombay Furlough and Parole) Rules 1959

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