Overshooting furlough cannot be reason to deny leave forever: Bombay HC

The Bombay high court has held that inordinate delay in reporting back to jail after availing furlough cannot be a reason to deny the leave to a convict forever.

The Bombay high court has held that inordinate delay in reporting back to jail after availing furlough cannot be a reason to deny the leave to a convict forever.

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Making the observation in the case of murder convict Shersingh Nanaksingh Gill, who is lodged in Nashik Road prison, a division bench of justices RK Deshpande and PK Chavan directed the state government to grant him a 14-day furlough.

Gill was convicted for killing his cousin. He has been ordered to report at the police station, under whose jurisdiction he will spend the furlough period, every alternate day.

The convict had approached the high court after his four pleas for furlough were rejected by jail authorities on the grounds that earlier when he was released on furlough, he reported in April 2013 - 855 days later than the due date. His appeals for the leave were also rejected by the home department.

The high court allowed his petition, stating that overstaying the leave once cannot be a reason in perpetuity to reject furlough to a convict forever. The bench stated that the leave can be granted by imposing suitable conditions of reporting to the

The bench also took into consideration that as a punishment for reporting back late by 855 days, Gill’s 240 days of remission were forfeited and his name was removed from the remission list for a period of 3 years and that period has already expired.