F.I. Rebello, J.@mdashRule. Heard forthwith.
2. The petitioners who are undergoing sentence and imprisonment for life, both nationals and citizens of India are seeking directions that the authorities be directed to decide expeditiously the furlough and parole applications preferred by the prisoners. It is the case of the petitioners that they have completed more than 16 and 14 years of actual imprisonment. Convicted prisoners undergoing sentence of imprisonment are entitled to be released on furlough as per the provisions of Rule 3 of Prisons Bombay (Furlough and Parole) Rules, 1959, hereinafter referred to as the Rules.
3. We may gainfully reproduce the said Rule, which reads as under:
3.(1) A prisoner, who is sentenced to imprisonment for a period exceeding one year but not exceeding five years, may be released on furlough for a period of two weeks at a time of every year of actual imprisonment undergone.
(2) A prisoner, who is sentenced to imprisonment for a period exceeding five years may be released on furlough for a period of two weeks at a time of every two years of actual imprisonment undergone.
Provided that a prisoner sentenced to imprisonment for more than five years but not to imprisonment for life may be released on furlough every years instead of every two years during the last five years of his unexpired period of sentence.
Provided further that a prisoner sentenced to life imprisonment may be released on furlough every year instead of every two years after he complete seven years'' actual imprisonment.
Note 1- The period of imprisonment in this rule includes the sentence or sentences awarded in lieu of fine in case of amount of fine is not paid.
Provided that if fine is paid during the period of imprisonment and total sentences thereby reduced to a term not exceeding five years, he shall thereafter, be eligible for release every year in accordance with Sub-rule (1) instead of every two years under Sub-rule (2).
Note 2 - For the purpose 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 initially extended upto 3 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 to within a period of two months of the date thereof.
4. It is the submission of the petitioners that the right to be released on furlough accrues to a life convict after completion of two years of actual imprisonment in the first seven years of actual imprisonment and thereafter annually. The petitioners contend that it is their common experience that jail authorities allow a life convict to apply for furlough leave after completion of one year of actual imprisonment. The actual dispatch and receipt of police report involves overwhelming delay which takes even one full year and that results into lapse of furlough for the intervening period. Thus, either the previous application becomes fait accomplice or the prisoner loses his furlough for the period which lapsed in the procedure for granting/rejecting the earlier application.
5. The petitioners however, averred that there are four stages where there is a possible delay in the procedure followed for deciding a furlough/parole application. Firstly, at the stage of forwarding the application to the sanctioning authority. Secondly, at the stage of forwarding the papers for police report. Thirdly, preparing and forwarding the police report. Fourthly, actual passing of the order of the sanctioning authority. It is the contention of the petitioners that at every stage there are delays and latches on the part of the respondents which result into loss of furlough under the provisions of Note 3 of Rule 3 of the said Rules. The petition has, therefore, been filed for seeking direction to issue appropriate directions and directing the Superintendent of Jail in the State of Maharashtra to forward furlough/parole applications filed by the Prisoners to the Competent authorities including authorities for police report within a period of three days from the receipt thereof and further consequential reliefs.
6. The respondents had filed a reply in Criminal Writ Petition No. 1 of 1999 and other connected petitions of Shri S.C. Mondkar, Deputy Secretary, Home Department, Government of Maharashtra. Dealing with the issue of furlough and parole leave it is set out that the Government has issued a Circular on 16th December, 2008. A translated copy of the English Circular by the office of the Chief Translator of this Court has been placed before us. In terms of the said Circular firstly it is set out that the Superintendent of Prison shall give information to the convict of the right of furlough leave before forty-five (45) days before the date on which the convict shall be entitled for the furlough leave. The other procedure thereafter is set out. The following relevant portion from the said Circular needs to be reproduced in the matter of police enquiry report for grant of furlough/parole leave:
In such report, it is required to be clearly and objectively mentioned the opinion as to whether the ground given for the leave is true or not, information about the eligibility of the surety produced by the convict, the behaviour of the convict during the period of leave, if he had proceeded on leave earlier, the likelihood of causing law and order problem, if he is released and as to whether it would become fair or else to release him on parole leave. While submitting such report, the police shall make enquiry on the below mentioned points in connection with the surety produced by the convict and shall submit a report to that effect to the Competent Authority through the District Magistrate. All the Superintendents of Police, District Magistrates, Commissioners of Police are informed that barring adverse or favourable report in respect of the convict, they should separately make an enquiry about the surety and should send a report.
(1) Whether the surety is ready to stand as Surety a statement of surety to that effect.
(2) Name, address, age and occupation of the surety.
(3) Since how many years the surety is residing at said address.
(4) What is a relation between the surety and the convict.
(5) Whether there is a criminal records against the surety.
(6) If the convict is an offender from outside state, when it is necessary to produce local surety by the convict.
(7) Whether the surety is competent to keep control on the convict.
Four) The Superintendent of Police shall send his report along with his opinion to the Commissioner''s offce/Office of the Deputy Inspector General and shall send one advance copy directly to the concerned Superintendent of Prison, for further immediate action.
7. At the hearing of this petition on behalf of the State the revised time frame for sanction of furlough/parole leave to the prisoners is set out. We may gainfully reproduce the same as under:
In our opinion considering the direction in the circular as now issued and the time table as now set out in this Judgment the grievance of the petitioners have been adequately met.
8. In our opinion, therefore, this petition can be disposed of by directing the respondents to complete the procedure for sanction of furlough/parole leave in terms of the Circular dated 16th December, 2008 and in terms of the time table as now set out in this order. Rule made absolute accordingly.
