K.G.SHAH, R.A.MEHTA
RODAJI MAHAJI – Appellant
Versus
STATE – Respondent
( 1 ) THE petitioner-Prisoner is undergoing imprisonment for life and he is in Jail since 1979. He has been released on parole and furlough from time to time.
( 2 ) ON 21-10-1987, at the time of dinner, the prisoner misbehaved and assaulted watchman Popatji. In respect of that Jail offence, inquiry was held and the prisoner had orally confessed the guilt and order of punishment was passed and the following punishments were imposed : (i) Cut in remission of 15 days. (ii) Withdrawal of canteen facility and separate confinement.
( 3 ) THE grievance of the petitioner is that even though the punishment of forfeiture of furlough was not imposed, the authorities have refused furlough for the year 1988 on the ground that he had committed a Jail offence.
( 4 ) RULE 4 of Prison (Bombay Furlough and Parole) Rules, 1959 makes a provision as to when the prisoner shall not be granted furlough and the relevant part reads as follows :"the following categories of prisoners shall not be considered eligible for furlogh. xxx xxx xxx (5) Prisoners who, in the opinion of the Superintendent of the Prison, show tendency towards crime. (6) Prisons whose conduct is, in the opinion of the Superinte
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