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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, J.
Anil Kumar – Petitioner
Versus
State of Haryana & Ors. – Respondents
CRWP-827 of 2023
Decided On : 31-05-2023
| 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:
3. The petitioner has been sentenced to undergo life imprisonment apart from fine pursuant to judgment of conviction arising out of FIR No.207 dated 22.09.2008 registered at Police Station Civil Lines, Bhiwani under Sections 302 /120B/506 IPC & Sections 25 /54/59 ARMS ACT . Admittedly, the petitioner has been behind bars since the last more than 10 years.
4. A pemsal of para 3 of the reply filed on behalf of the State would indicate that the petitioner had been involved in 6 other cases out of which he stands acquitted in 5 cases and has been convicted in 1 case. The details of said cases in tabulated form are as under:
| Sr. No. | FIR No. | Convicted/Acquitted |
| 1. | FIR No.437 dated 16.10.2009 under Sections 323, 506, 34 IPC, P.S. Sadar Bhiwani | Convicted vide judgment dated 19.02.2015 by the Court of Chief Judicial Magistrate, Bhiwani |
| 2. | FIR No.308 dated 05.10.2023 under section 42 of the Prisons Act, P.S. Bhondsi, Gurugram | Acquitted vide order dated 05.11.2022 passed by the Court of Sub Divisional Judicial Magistrate, Sohana, Gurugram |
| 3. | FIR No.474 dated 09.07.2013 under section 42 of the Prisons Act, P.S. Sadar Bhiwani | Acquitted vide order dated 06.09.2017 passed by the Court of Judicial Magistrate 1st Class, Bhiwani |
| 4. | FIR No.297 dated 02.08.2005 under Sections 147, 149, 427, 452, 440, 506 IPC, P.S. City Bhiwani | Acquitted vide order dated 05.11.2022 by the Court of Chief Judicial Magistrate, Bhiwani |
| 5. | FIR No.417 dated 13.06.2013 under section 42 of the Prisons Act, P.S. Sadar Bhiwani | Acquitted vide order dated 09.07.2018 by the Court of Additional Chief Judicial Magistrate, Bhiwani |
| 6. | FIR No.420 dated 15.06.2013 under section 42 of the Prisons Act, P.S.Sadar Bhiwani | Acquitted vide order dated 19.12.2018 by the Court of Additional Chief Jud |
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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