Inmates Of Open Prison Can Be Released On Furlough Without Surety: Bombay HC [Read Judgment]

The Nagpur bench of the Bombay High Court has upheld the decision of a full bench of the high court that held that under the Prisons (Bombay Furlough And Parole) Rules, 1959, a convict confined in an open prison can be released on parole or furlough by the sanctioning authorities without surety.

An open prison is a minimum-security prison that essentially was conceived to reward good behaviour of inmates, to reduce overcrowding in jails, to provide training in self-reliance etc.

Case Background

A bench of Justice PB Varale and Justice MG Giratkar was hearing a writ petition filed by a 39-year-old man undergoing life imprisonment at Open Prison, Morshi, Amravati district.

The petitioner had been convicted under Section 302 of the Indian Penal Code.

He submitted an application for furlough before the DIG (Prisons), East Division, Nagpur, which was rejected. It is the petitioner’s contention that the application was rejected without application of mind.

Petitioner’s advocate GS Agrawal submitted that Rule 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959, provides that furlough should not be granted without a surety, however, there is an exception to it, which says:“Provided that the sanctioning authority may dispense with the requirement of execution of such bond by relatives of prisoners confined in Open Prisons as defined in clause (b) of Rule 2 of the Maharashtra Open Prisons Rules, 1971.”

Agrawal also cited the judgment of a full bench in the case of Dipak Sudhakarb Wakalekar vs State of Maharashtra and Ors, wherein it was observed: “In the light of the discussion made above, we hold that as per the proviso to Rule 6 of the Rules 1959 a convict confined in open prison can be released on furlough by the Sanctioning Authority by dispensing with the requirement of execution of bond by the relatives.”

Thus, the court held that the respondent authorities ought to have released the petitioner on furlough leave without insisting for surety and the petition was allowed.