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2006 Supreme(SC) 347

ARIJIT PASAYAT, S.H.KAPADIA
State Of Maharashtra – Appellant
Versus
Suresh Pandurang Darvakar – Respondent


JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. Heard counsel for the appellants.

None appears for the respondent in spite of service of notice.

3. The State of Maharashtra and the Superintendent, District Prison, Akola, Maharashtra challenge the order passed by learned Singh Judge of the Bombay High Court, Nagpur Bench accepting respondent’s prayer for release on furlough. By the impugned order, learned Single Judge directed release of the respondent on furnishing his surety of Rs. 500/- lying in deposit with the jail authorities.

4. According to the learned counsel for the appellants, the High Court has not kept in view Rules 4(4) and 6 of the Prison (Bombay Furlough and Parole) Rules, 1959 (in short, the ‘Rules’). The said Rules have been framed in exercise of powers conferred by Clauses (5) and (28) of Section 59 of the Prisons Act, 1894 (in short the ‘Act’) in its application to the State of Maharashtra as it stood then. The expression ‘Furlough System’ is defined in Clause 5(A) of Section 3 of the Act, while the expression ‘Parole System’ is defined in Clause 5(B) of the said provision. The underlying object of the Rules relating to ‘Parole’ and ‘Furlough’ have been mentioned in the














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