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SACHIN SINGH RAJPUT, SANJAY K. AGRAWAL
Naresh Singh @ Pappu, S/o. Shri Ramsharan Singh @ Sharan Singh – Appellant
Versus
State of Chhattisgarh, through the Secretary, Home (Jail) Department – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. Petitioner herein is a convicted prisoner undergoing sentence for offence punishable under Sections 302 and 450 of IPC in Central Jail, Bilaspur. He made an application for grant of parole on leave in accordance with Chhattisgarh Prisoners' Leave Rules, 1989 (in short 'Rules of 1989') and eventually, he was admitted to the privilege of leave by order dated 20/07/2016 (Annexure R/1) passed by Director General of Prisons and Correctional Services, Raipur. Subsequently, petitioner was released on 05/07/2016 and he was required to report back on 18/07/2016, but he did not return back on the due date which led to issuance of warrant of arrest against him by the competent authority and he was ultimately arrested after an overstay of 325 days and he was admitted to jail on 08/06/2017. Thereafter, as per Rule 12 of the Rules of 1989, petitioner's statement was recorded on 08/06/2017 (Annexure R/5) by the Octogonal Officer, Central Jail, Bilaspur and he recommended petitioner's case to be presented before the Jail Superintendent, who vide order dated 12/06/2017 (Annexure R/6), imposed penalty of forfeiture of 1625 days of petitioner's earned remission under
Prisoners retain fundamental rights, including due process before imposing penalties such as forfeiture of earned remission.
The foundational tenets of principles of natural justice extend their protective ambit to prisoners, entitling them to an opportunity to present their defense before being awarded punishments.
The right to remission is a legal right, but its grant is at the discretion of authorities, which must be exercised fairly without arbitrariness.
The constitutional validity of furlough provisions must account for individual prisoner circumstances, ensuring that previous overstays do not lead to automatic denials of furlough requests.
A convict is not entitled to remission while undergoing sentence in default of payment of fine.
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