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MANJARI NEHRU KAUL
Taslim – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Manjari Nehru Kaul, J. (Oral)
The petitioner is aggrieved by the order dated 03.02.2023 passed by respondent No.2-Commissioner, Karnal Division, District Karnal (Annexure P-1) vide which his prayer for being released on Furlough for 3 weeks has been declined.
2. Learned counsel for the petitioner submits that the petitioner was sentenced and convicted for life imprisonment vide judgment dated 06.07.2017 passed by Addl. Sessions Judge, Karnal under Sections 436 , 342, 307, 302, 34 IPC. The petitioner has already undergone 10 years of imprisonment and it is a matter of record that during his stay in jail, not even once he has misconducted himself. Learned counsel further submits that since the petitioner has his wife, mother, two sons and two daughters in his family, who are based in Ghaziabad, U.P., he moved an application for being released on Furlough for a period of three weeks so that he could meet them. Learned counsel, while drawing the attention of this Court to Annexure P-1 has submitted that only on the basis of a vague apprehension by District Magistrate, Ghaziabad, that there could be a possibility of the petitioner absconding during Furlough, the Commissioner, Kar
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 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 central legal point established is the application of the Delhi Prison Rules, 2018, in determining the eligibility and conditions for granting furlough to a prisoner.
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.
The main legal point established in the judgment is the entitlement of a convict to be released on furlough as per the Prisons (Bombay Furlough and Parole) Rules, 1959, and the requirement for specif....
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....
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