• Latest
NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

Parole and Furlough

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887,   Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Execution – Limitation – Filed after 12 years..  [PLRonline 114800]

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of  the company. [2023 PLRonline 0101 (NCLAT)]

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial –  Circumstantial evidence –  Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict.  [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

IPC S. 149  – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]

Chennai City Police Act, 1888 – Police Act, 1861 [2023 PLRonline 9003]

DNA – Evidentiary value of blood tests for determining paternity

  • Membership Account
  • LATEST
  • P&H
  • CIVIL
  • CPC
  • CRIMINAL
  • COI
  • SERVICE
  • ARB
  • BANKING
  • CONS
  • HMA
  • IBC
  • MVA
  • NIA
  • Tenancy
  • Login
  • Register
PLRonline.in
Subscribe
  • Log In
  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases
  • Log In
  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases
Subscribe
PLRonline.in

  Furlough - is an incentive towards good jail conduct

CrPC S. 482 - In exercise of its jurisdiction under Section 482 CrPC, must make a just and rightful choice

Home Criminal

Parole and Furlough

by Punjab Law Reporter
in Criminal
0
Share on TelegramShare on TwitterShare on WhatsappShare on eMail
Download / Print

(i) Furlough – Is an incentive towards good jail conduct, even if the person is otherwise not to get any remission and has to remain in prison for whole of the reminder of his natural life, that does not, as a corollary, means that his right to seek furlough is foreclosed – Even if he would spend some time on furlough, that will not come to his aid so as to seek remission because of the fact that he has to remain in prison for whole of the reminder of his natural life.

2022 SCeJ 0533, 2022 PLRonline 4495

(ii) Parole and Furlough – Parole is akin to temporary suspension of execution of sentence –  There cannot be any temporary suspension of execution of sentence qua the appellant inasmuch as the sentence awarded to him has to run in perpetuity and during the whole of his natural life – Moreover, for parole, conduct is not a decisive factor – In fact, some cause or event predominantly decides the question whether the person is to be admitted to parole or not? When the appellant is to undergo the sentence for whole of his natural life, any cause or event may not give him any right to claim parole – However, in contradistinction to parole, in furlough, the prisoner is deemed to be serving the sentence inasmuch as the period of furlough is not reduced from actual serving period –  And, the conduct is predominantly decisive of entitlement towards furlough – Thus, even if the appellant would be on furlough, he would be deemed to be serving the sentence for all time to come. Held, Entitlement of furlough cannot be decided in the case of the present nature  as the sentence awarded to him has to run in perpetuity and during the whole of his natural life,   with reference to the question as to whether any remission would be available or not – Even if the appellant would get furlough (of course, on fulfilment of other conditions) that would not result into any remission because whatever be the remission, he has to spend the whole of the life in prison. But that does not debar him from furlough if he is of good jail conduct and fulfils other eligibility requirements.

2022 SCeJ 0533, 2022 PLRonline 4495

(iii) Furlough – Cannot be read to mean that getting remission is a pre-requisite for obtaining furlough. The whole of the scheme of granting furlough is based on the approach of reformation and as incentive for maintaining good conduct – Observations of this Court in the case of Asfaq v. State of Rajasthan & Ors., (2017) 15 SCC 55, to the effect that ‘Furlough is granted as a good conduct remission’ have been wrongly taken by the High Court as decisive of the matter and leading to the conclusion that furlough is available only if remission is available – We are unable to agree with this line of reasoning of the High Court –  Those observations of this Court in paragraph 14 on the decision in Asfaq (supra) cannot be read in isolation.

2022 SCeJ 0533, 2022 PLRonline 4495

(iv) Furlough – Even if the appellant is to remain in prison for the whole of remainder of his life, the expectations from him of good conduct in jail would always remain; and the lawful consequences of good conduct, including that of furlough, cannot be denied, (particularly when the same has not been prohibited in the order dated 15.11.2012) – We need not elaborate to say that depriving of even the concession of furlough and thereby taking away an incentive/motivation for good conduct would not only be counter-productive but would be an antithesis to the reformative approach otherwise running through the scheme of Rules of 2018 – Looking to the concept of furlough and the reasons for extending this concession to a prisoner lead us to hold that even if a prisoner like the appellant is not to get any remission in his sentence and has to serve the sentence of imprisonment throughout his natural life, neither the requirements of his maintaining good conduct are whittled down nor the reformative approach and incentive for good conduct cease to exist in his relation – Thus, if he maintains good conduct, furlough cannot be denied as a matter of course – Delhi Prison Act, 2000,  S. 2(h) – Delhi Prison Rules, 2018 Rule 1199 and Para 1223(I). [Para 15, 17](viii) Furlough – Whether furlough is to be granted in a given case or not is a matter entirely different –  Taking the case of the appellant, he is a person convicted of multiple murders – Therefore, the requirement of Rule 1225 of the Rules of 2018 may come into operation –  However, it cannot be said that his case would never be considered for furlough –  Whether he is to be given furlough on the parameters delineated therein or not is a matter to be examined by the authorities in accordance with law – Delhi Prison Act, 2000,  S. 2(h) – Delhi Prison Rules, 2018 Rule 1199 and Para 1225 .

2022 SCeJ 0533, 2022 PLRonline 4495

Tags: Delhi Prison Act, Delhi Prison Rules, Furlough, Parole
Tags: Delhi Prison ActDelhi Prison RulesFurloughParole

Related Posts

Negotiable Instruments Act

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

2.1k
Criminal

Criminal Trial –  Circumstantial evidence –  Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict.  [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

2.1k
Criminal

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

2.1k

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

  • Membership Account
  • LATEST
  • P&H
  • CIVIL
  • CPC
  • CRIMINAL
  • COI
  • SERVICE
  • ARB
  • BANKING
  • CONS
  • HMA
  • IBC
  • MVA
  • NIA
  • Tenancy

© 2023 JNews - Premium WordPress news & magazine theme by Jegtheme.

  • Login
  • Sign Up
  • Log In
  • Home
  • A
    • A
    • Account
    • Admission
    • Adoption
    • Advocate
    • Agreement
    • Alternate Remedy
    • Annual Confidential Reports (ACR)
    • Arbitration Act, 1940
    • Arbitration and Conciliation Act, 1996
  • B
    • B
    • Bail
    • Banking
      • Bank Guarantee
  • C
    • C
    • Charge / Charge Sheet
    • CPC
      • CPC – Sections
      • CPC – Orders and Rules
    • Commercial Courts Act, 2015
    • Companies Act
    • Constitution of India
    • Consumer Protection Act
    • Contempt of Courts Act, 1971
    • Contract Act
    • Contract Labour (Regulation and Abolition) Act, 1970
    • Court
    • Court Fees Act, 1870
    • Criminal Trial
      • Charge / Charge Sheet
    • CrPC (Criminal Procedure Code)
    • Customs Act, 1962
  • D
    • D
    • Disciplinary Proceedings
    • Dying Declaration
  • E
    • E
    • East Punjab Urban Rent Restriction Act, 1949
    • Electricity Act, 2003 (36 of 2003)
    • Employees Compensation Act, 1923 (8 of 1923),
    • Evidence
    • Evidence Act, 1872
  • F
    • F
    • Family Courts Act, 1984
    • FIR ( First Information Report)
  • G
    • G
    • Genealogy
    • General Clauses Act, 1897
  • H
    • H
    • Habeas Corpus
    • Handwriting expert
    • Haryana Acts
      • Haryana Municipal Act, 1973 (24 of 1973)
      • Haryana Municipal Election Rules, 1978
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Hindu Joint Family
    • Hindu Marriage Act, 1955
  • I
    • I
    • IBC – Insolvency and Bankruptcy Code
    • Insolvency and Bankruptcy Board of India
    • Industrial Disputes Act, 1947
    • Information Technology Act
    • Insurance
    • Interpretation
    • Interpretation of Statutes
    • IPC
  • J
    • J
    • Judgment and Orders
    • Judicial Restraint / Judicial Adventurism
  • L
    • L
    • Land Acquisition Act, 1894
    • Legal Services Authorities Act, 1987
    • Limitation Act, 1963
  • M
    • M
    • Maintenance and Welfare of Parents and Senior Citizens Act
    • Marriage
    • Maternity Benefit Act, 1961
    • Micro, Small And Medium Enterprises Development Act (MSME, Act)
    • Mortgage
    • Motor Vehicles Act, 1988
    • Mutation
  • N
    • N
    • Narcotic Drugs And Psychotropic Substances Act (NDPS)
    • National Highway Act, 1956
    • Natural Justice
    • Negotiable Instruments Act (NIA)
  • O
    • O
  • P
    • P
    • Punjab Acts / Rules etc.
      • East Punjab Urban Rent Restriction Act, 1949
      • Punjab Jail Manual
      • Punjab Police Rules, 1934
      • Punjab Regional And Town Planning And Development Act, 1995
      • Punjab State Agriculture Produce Markets Act, 1961
      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
    • Partnership Act, 1932
    • Passports Act, 1967
    • Pay fixation
    • Pedigree
    • Pension
    • Perjury
    • Practice and Procedure
    • Prevention of Corruption Act
    • Principle of estoppel or acquiescence
    • Prisons Act, 1894
    • Proclaimed offender
    • Prohibition of Benami Property Transactions Act, 1988
  • R
    • R
    • RERA
    • Recovery of Debts and Bankruptcy Act, 1993
    • Registration Act, 1908
    • Representation of the People Act, , 1951
  • S
    • S
    • Sale of Goods Act
    • Sarfaesi
    • Securities and Exchange Board of India Act, 1992
    • Service Matters
    • Service of orders on a government servant
    • Sexual Offence
    • Special Marriage Act, 1954
    • Specific Performance
    • Specific Relief Act, 1963
    • Stamp Act, 1899
    • Stamp duty
    • Stay
    • Suit for declaration / possession
    • Succession Act
    • Suit for recovery of Money
  • T
    • T
    • Tenancy and Rent Act
      • East Punjab Urban Rent Restriction Act, 1949
      • Haryana Urban (Control of Rent and Eviction) Act 1973
    • Trade Unions Act
    • Transfer of Property Act, 1882
  • V
    • Voice recording
  • W
    • Wakf Act, 1955
    • Words and Phrases

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
AI Legal Search
AI Chatbot Avatar

Save PLRonline.in APP!

Save
×

Please click

Team  PLRonline
Click for support Team PLRonline

Supreme Court Online is also available on Whatsapp, Telegram, Instagram, Email. Join  us here!

× Join