High Court of Punjab and Haryana, Chandigarh
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Gurmail Singh v. State of Haryana and Ors - CRM-70181-M-2006  RD-P&H 12183 (7 December 2006)
CRL.M.No.70181-M of 2006
DATE OF ORDER: 14.12.2006
State of Haryana and Others
CORUM : HON'BLE MR. JUSTICE M.M. AGGARWAL .*.*.*.
Present: Mr. H.S. Jaswal, Advocate.
Mr. Y.P. Malik, AAG, Haryana.
Petitioner, who is stated to be confined in Central Jail, Ambala as convict under NDPS Act had applied for furlough. Request was declined on the ground that as per Section 32-A of the NDPS Act, the sentence cannot be suspended, remitted or commutted and therefore furlough cannot be granted.
On behalf of the State, it is argued that releasing the petitioner on furlough will mean suspension of the sentence and therefore request of the petitioner was declined.
Furlough is a right of temporary release, earned after CRL.M.No.70181-M of 2006 #2#
undergoing certain period of sentence. It can be denied only on the ground mentioned in Section 4(1)(b) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 and proviso thereof. No such ground has been mentioned by the respondents or by the District Magistrate.
Temporary release does not mean suspension, remissions or commutations of the sentence.
Let respondents reconsider the case of the petitioner for furlough, if he has otherwise become entitled after undergoing requisite period of sentence.
Needful be done within a period of two months from today.
With this observation, petition stands disposed of.
December 14, 2006 ( M.M. AGGARWAL )
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