The entitlement to furlough for a prisoner as per the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 should be based on the Superintendent Jail's recommendation and the provisions of the Act, rather than solely on a police report.

Ujagar Singh, J.

1. The petitioner was sentenced to life imprisonment on 15th January, 1983, after he was arrested on 21st March, 1981. Thus, he has undergone much more than three years. The total remissions earned by him come to three years, three months and I days up to 22nd March, 1988.

2. The only objection to his prayer for release on furlough can be that an amount of Rs. 130/- was recovered from his possession but according to the petitioner it was not proved nor was there any compliance under Judicial appraisal, and nor was he sentenced to any jail punishment under the Punjab Jail Manual or the Prisons Act and the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 . The Superintendent Jail (respondent No. 3) recommended his case for furlough on 11th March, 1987, and it was sent to the District Magistrate, Hissar, who is said to have rejected it on the basis of the police report. As a matter of fact, after the petitioner was arrested he remained in custody, in judicial lock-up, and thereafter in Central Jail, and for this period, therefore, the police had nothing to do with the petitioner. The Superintendent Jail is the best person to watch his conduct and give a certificate and in that view recommend his case for furlough. The report of the police for this purpose will be irrelevant. To base the order on the furlough application on the police report is not a good ground to reject the petition. According to section 4 of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 the petitioner becomes entitled to furlough for a period of three weeks commencing from the day immediately following the date of his release.

3. Bail to the satisfaction of Chief Judicial Magistrate, Hissar. The petitioner is directed to surrender on 22nd day after enjoying complete 21 days furlough.