JUDGMENT - R.M. LODHA, J.:---The principal question raised in the present criminal writ petition is relating to scope and ambit of Rule 3 of the Prisons (Bombay Furlough and Parole) Rules, 1959. The question is, whether the actual imprisonment undergone provided in the said provision includes the imprisonment undergone as an under-trial prisoner or only imprisonment after conviction.

2. Before we examine the legal question, there is no dispute about the facts that the petitioner was arrested on 18-6-1991 for the offence under section 302 of the Indian Penal Code. There is also no dispute that the Sessions Judge, Nagpur convicted the petitioner under section 302 of the Indian Penal Code and awarded life imprisonment vide his judgment dated 6-2-1993. It is also admitted by the parties that the petitioner has preferred an appeal against the said judgment of the learned Sessions Judge whereby the petitioner has been convicted of the offence under section 302 of the Indian Penal Code and awarded life imprisonment and that Criminal Appeal is pending before this Court.

3. In the light of the facts stated above, the petitioner claims that he is entitled to grant of furlough on expiry of two

Click Here to Read the rest of this document