Furlough

Do note, Mota Bhagwan Asaram was also convicted under Section 377, IPC.

The Prisons (Bombay Furlough and Parole) Rules, 1959 were made pursuant to Section 59 of The Prisons Act, 1894 and are applicable in State of Gujarat.

State of Maharashtra v. Suresh Pandurang Darvakar, (2006) 4 SCC 776 distinguished parole from furlough. The difference was also considered by a Two-Judge Bench in State of Haryana v. Mohinder Singh, (2000) 3 SCC 394. Asfaq v. State of Rajasthan (2017) 15 SCC 55 indicated need for balance to be maintained between competing interests while granting parole or furlough.

The grant of furlough is to break monotony of imprisonment and to enable continuity with family life and integration with society. A prisoner does not have an absolute legal right to claim furlough.

Hon’ble Justice Dr. D.Y. Chandrachud, State of Gujarat v. Mota Bhagwan Asaram, [Criminal Appeal No. 1159 of 2021].