ATULJI MAGAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The prisoner has come with a grievance for not granting him furlough leave for a considerable period. He was convicted for imprisonment for life by an order dated 22-10-1974.

(2.) It is the grievance of the petitioner that according to the rules he is entitled to furlough leave but he was granted furlough leave only twice and though he is entitled to third more furlough leave the same is refused on the ground that he was punished for jail offences in 1975. It is therefore his grievance that that punishment should not come in his way of getting furlough leave.

(3.) Against this petition Shri R. S. Rashtrapal Jailor Ahmedabad Central Prison Ahmedabad has filed an affidavit. In this affidavit it stated that as per Rule 3 (2) of the Prisons (Bombay Furlough and Parole) Rules 1959 (hereinafter referred to as `the Rules) a life convict is entitled to Furlough leave after two years for the first seven years. Therefore according to this affidavit the petitioner was entitled to furlough leave on 22-10-1976 (as he was sentenced on 22 It is the case that the petitioner was given jail punishments on 19-8-1975 and 6 Therefore as per Rule 4 (6) of the Rules and also as per the Note 3 under Rule 3 etc. the petitioner lost his furlough rights which was due on 29-10-1976 as stated above. But there-after there is no explanation as to what happened to the petitioners 1978 furlough leave.