( 1 ) THIS matter came before the Full Bench on reference from the Division Bench as an important question regarding interpretation of Rule 4 (10) of the Prisons (Bombay Furlough and Parole) Rules 1959 arises as to whether the word shall is mandatory in the context of the provisions of Rule 4 (10) and more particularly its later part or whether the word shall can be construed as may so as to enable the prison authorities to consider the request for furlough of prisoner who has surrendered late after release on furlough or parole. Rule 4 (10) makes the following reading: Rule 4: when prisoners shall not be granted furlough: The following categories of prisoners shall not be considered for release on furlough: (1) xx xx xx xx (10) Prisoners who have at any time escaped or attempted to escape from lawful custody or have defaulted in any way in surrendering themselves at the appropriate time after release on parole or furlough.

( 2 ) THE contention of the petitioner is that although he had surrendered late by 25 days after he was released on parole he is not totally ineligible for being released on furlough and the authorities have the power and duty to consider his appl