1. This matter came before the Full Bench on reference from the Division Bench as an important question regarding interpretation of R. 4(10) of the Prisons (Bombay Furlough and Parole) Rules, 1959 arises as to whether the word 'shall' is mandatory in the context of the provisions of R.4(10) and more particularly its latter part or whether the word 'shall' can be construed as 'may' so as to enable the prison authorities to consider the request for furlough of a prisoner who has surrendered late after release on furlough or parole. R.4(10) makes the following reading:
R.4:
"When prisoners shall not be granted furlough.
The following categories of prisoners shall not be considered for release on furlough:
(1) xxxx xxxx xxxx
(10) Prisoners who have at any time escaped or attempted to escape from lawful custody or have defaulted in any way in surrendering themselves at the appropriate time after release on parole or furlough."

2. The contention of the petitioner is that although he had surrendered late by 25 days, after he was released on parole, he is not totally ineligible for being released on furlough and the authorities have the power and duty to consider his application for furlough on