The main legal point established in the judgment is the entitlement of a convict to furlough after completing a certain period of imprisonment as per Rule 3(C) and the objectives of furlough as per Rule 1(A).

JUDGMENT

S.S. Shinde, J. - Rule. Rule made returnable forthwith and heard with the consent of learned counsel appearing for the parties.

2. The convict namely Dastgir Gafur Shaha has directly sent an application from jail to this Court, which is registered as Criminal Writ Petition No. 1583 of 2020. It appears that Mr. R.S. Sadaphale and Mr. A.G. Jadhav have filed Criminal Writ Petition No. 331 of 2021. Both the petitions are heard together and are being disposed of by this common judgment and order.

3. In Criminal Writ Petition No. 1583 of 2020, it is the contention of the petitioner that an application to release him on furlough has been rejected for unsustainable reasons. The Petitioners prayer has been rejected relying upon the Sub Rule 4 of Rule 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959 (hereinafter referred to as 'said Rules'). The Petitioner has placed reliance on Rule 17 of the said Rules. It is stated that the law confirms right to prisoner to avail furlough. Unless there are exceptional reasons not to grant furlough leave, the convict is entitled for furlough leave as a matter of right. It is stated that the Petitioner has completed more than 6 years imprisonment and he was never released on furlough or parole in the past. It is stated that the family members of the Petitioner are ready to stand as surety, and execute the surety bond in case, the petitioner is released on furlough. It is specifically stated that the petitioner's father is ready and willing to stand as surety. The report submitted by police is silent about threat, if any, to the public in case, the petitioner is released on furlough. Therefore, it is prayed that the Petitioner may be released on furlough.

4. In Criminal Writ Petition No. 331 of 2021, the Petitioner who is father of the convict on behalf of convict prayed that the convict be released on 45 days parole.

5. Learned APP appearing for Respondent-State vehemently opposed the prayers in both the petitions on merits and prayed for rejection of both the petitions.

6. We have considered the submissions of both sides. With the able assistance of learned counsel appearing in Criminal Writ Petition No. 331 of 2021 and learned APP, we have carefully perused the pleadings and grounds taken in the petition, annexures thereto and the impugned order passed by respondent authority. It appears that the Petitioner filed Criminal Application No. 2274 of 2019 in Criminal Appeal No. 770 of 2015 (Dastgir Gafur Shaha Vs. State of Maharashtra) for bail. The said application was rejected by the Division Bench (Coram: T.V. Nalawade & R.G. Avachat, JJ.) on 10.10.2019. Thereafter, it appears that the convict had filed Criminal Writ Petition No. 557 of 2020 (Dastgir Gafur Shaha Vs. State of Maharashtra) which was heard by the Division Bench (Coram: Ravindra V. Ghuge & Shrikant D. Kulkarni, JJ.) and decided on 23.06.2020, thereby directing the Superintendent of Jail, Kalamba, Tal & Dist. Kolhapur, to decide the application of the Petitioner within four weeks from the date of passing of the said order.

7. Upon careful perusal of application filed by the Petitioner before the respondent-authority praying therein to release him on furlough, one of the reason stated is that his mother is seriously ailing and nobody is to look after the mother of the convict.

8. At this juncture it would be apt to reproduce herein below objectives of mentioned in Rule 1(A) of the said Rules.

*[1(A). Objectives:-

Furlough and Parole leaves to inmates are progressive measures of correctional services. The objectives of releasing a prisoner on leave are:-

(a) To enable the inmate to maintain continuing with his family life and deal with family matters,

(b) To save him from evil effects of continuous prison life,

(c) To enable him to maintain and develop his self-confidence,

(d) To enable him to develop constructive hope and active interest in life.]

9. It is an admitted position that the petitioner was never released either on furlough or