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GURVINDER SINGH GILL
Anil Kumar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. challenge to denial of furlough (Para 1) |
| 2. reasons for declined furlough (Para 2) |
| 3. criminal history of petitioner (Para 3 , 4) |
| 4. history of compliance with parole (Para 5) |
| 5. court's stance on decision made by authorities (Para 6) |
| 6. petition disposed - liberty to reapply (Para 7) |
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.
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