Back
GURVINDER SINGH GILL
Anil Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Gurvinder Singh Gill, J. (Oral)
The petitioner assails order dated 12.01.2023 (Annexure P-l) passed by the Divisional Commissioner, Divisional Kamal, Kamal vide which the case of the petitioner for his release on furlough for 4 weeks has been declined.
2. A perusal of the impugned order dated 12.01.2023 would indicate that the petitioner's case has been declined on the apprehension that the petitioner can abscond from furlough and can commit other crimes. The relevant extract from the said order reads as under:
The judgment emphasizes the public interest in granting furlough, considering the reformation theory of sentencing and the potential threat to society posed by habitual offenders.
The court considered the petitioner's conduct, previous judgments, and the medical condition of the petitioner in allowing the petition and setting aside the impugned order.
The main legal point established is the significance of personal liberty, reformation theory of sentencing, and the need to balance public interest with the individual's potential for reformation and....
(1) Grant of furlough must be balanced against public interest and can be refused to certain categories of prisoners.(2) Grant of release on furlough is a discretionary remedy – A prisoner is entitle....
The Court emphasized the objectives of furlough as per the Delhi Prison Rules and considered the petitioner's eligibility and conduct in jail in granting the relief.
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 R....
The grant of furlough as a reward for good conduct and the court's discretion in modifying furlough conditions based on the petitioner's conduct and fulfillment of eligibility criteria.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
