The Bombay High Court has held that a convict confined to open prison can be released on furlough by the sanctioning authority by doing away with the requirement of execution of bond by the relatives of the convict.
The decision was pronounced in Nitin Vasanr aurav v. Dy Inspector General(Prison) and Ors, on July 27, 2018 Crl. (W.P) No. 1205/2017.
The petitioner was convicted for murder and serving a life sentence at the Open Prison in Yerwada jail and applied for 28 days furlough. Petitioner was kept in an open prison due to good behaviour. The Petitioner was released on furlough leave on his personal bond and reported to the prison authority on time.
Respondent No. 1 issued an order declaring the Petitioner furlough to be illegal and liable to be quashed under Probation of Offender Act, 1959.
The petitioner had challenged an order by the sanctioning authority rejecting his application for furlough as no relative came forward to act as a surety for him.
Referring on the full bench decision Dipak Sudhakar Wakalekar v. State of Maharashtra and Ors (Where is the citation), the court held that as per existing rules the petitioner is entitled to be release on his personal bond.