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Supreme Court of India 2021-10-20 allowed

State of Gujarat & Anr vs Narayan @ Narayan Sai @ Mota Bhagwan Asaram @ Asumal Harpalani

Bench: 2 — Dr. Dhananjaya Y Chandrachud, B V Nagarathna

In Brief

A life-sentenced prisoner convicted of rape, sexual abuse, and related offences applied for furlough under prison rules. Although prison rules permit furlough after seven years of imprisonment, authorities rejected the application citing threats to witnesses, attempts to bribe officials, and a network of followers engaged in violence. The High Court allowed the application, but the Supreme Court reversed, holding that furlough is not an absolute right but a discretionary remedy. Even when a prisoner is procedurally eligible, furlough can be refused on public interest grounds. Here, the prisoner's criminal network, intimidation of witnesses and investigators, and attempts to interfere with justice warranted denial of furlough, notwithstanding an uneventful previous furlough granted for family exigencies.

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Prison Law Furlough and Parole Criminal Procedure Public Order Witness Protection

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