PER RAVANI - (1.). There is no dispute with regard to the fact that the petitioner-prisoner is in jail since 18/04/1987 and he has been convicted for offence under S. 302 of I.P. Code by judgment and order dated 18/04/1987. It is also not disputed that the petitioner-prisoner has become entitled to one furlough on 18/04/1989. The furlough has been denied to him on the ground that there is likelihood of quarrel with the other side and the police opinion is adverse to the petitioner.
(2.)It is required to be borne in mind that prisoners are given benefit of furlough leave as provided under the provisions of the Prisons (Bombay Furlough & Parole) Rules, 1959. As per the provisions of these rules, the prisoners become entitled to furlough if their conduct in jail is good. Once a prisoner has become entitled to furlough, it should ordinarily be not refused on the ground that there is adverse police opinion or that the other side objects to the same. In such circumstances, suitable conditions can be imposed on the prisoner and the police can be asked to see that proper watch is kept on the other side also. If on such grounds furlough leave, for which the prisoners become entitled to, is denied, the prisoner would never be able to enjoy the same and come out of the jail. In such matters, when the prisoner becomes entitled to furlough and even according to the jail authorities he is entitled to be released on furlough, the appropriate executive authority is required to take liberal attitude. In such cases, at the most, the authority should see to it that proper conditions are imposed on the prisoner and the police authorities are informed to take suitable measures to prevent breach of peace.
(3.)In this view of the matter, it is directed that I.G. prisons will consider this petition itself as an application submitted to him for being released on furlough. He is further directed to decide the application on merits and by keeping in mind the aforesaid observations. The application shall be decided latest before 28/02/1990.