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In an SLP moved by the State of Gujarat, Supreme Court by Order dated August 12, 2021, agreed to determine whether the expression “every year” under Rule 3(2) of Bombay Furlough and Parole Rules 1959, as they apply in Gujarat, would refer to a calendar year or to the duration of a year after the last release on furlough.

A Division Bench of Justice DY Chandrachud and Justice MR Shah, while staying the impugned order dated June 24, 2021, framed the abovementioned issue for Court’s interpretation.

Learned SGI Tushar Mehta, for the State of Gujarat submitted that as per the law laid down in State of Maharashtra v. Suresh Pandurang Darvakar, (2006) 4 SCC 776, Grant of Furlough is not a matter of Right and this is expressly stipulated under Rule 17 of the Bombay Furlough Rules.

According to Rule 4(4) Furlough may be denied where the Commissioner of Police is of the view that it would not be in the interests of public peace and tranquillity – Also, Rule 4(6) stipulates that a prisoner whose conduct in the Opinion of Superintendent of Prison is not satisfactory may be denied release on furlough.

The respondent was convicted under Section 376 IPC r/w Section 34 IPC – He was released on furlough for a period of two weeks in the month of December, 2020 on the ground of ill-health of his mother.

Gujarat High Court by order dated June 24, 2021 released Respondent on furlough for a period of two weeks, which was subsequently stayed.

Furlough v. Parole

Furlough is granted to a prisoner considering his good conduct – with a view to let him retain his social ties whereas Parole is sought by a prisoner on account of a particular event or happening. 

Case Title: State of Gujarat v. Narayan | SLP (Crl.) 5699 of 2021