PRISON PUN­ISH­MENT RE­DUCED ON HU­MAN­I­TAR­IAN GROUNDS WHERE PRIS­ONER OVER­STAYED FUR­LOUGH PE­RIOD

Libertatem Magazine - - From The Courtroom -

Case - Takku Singh v. State of Ma­ha­rash­tra, 2016 SCC On­line Bom 8834, de­cided on Septem­ber 22, 2016

The Bom­bay High Court while ex­am­in­ing the as­pects of prison pun­ish­ment granted to pris­on­ers held that the prison pun­ish­ment could be re­duced on hu­man­i­tar­ian grounds in case the pris­oner over­stayed the pe­riod granted in fur­lough. Court while de­cid­ing in favour of the pe­ti­tioner re­duced his pun­ish­ment who over­stayed the pe­riod of fur­lough leave granted to him, by 93 days, as his wife was not keep­ing well and had to un­dergo hys­terec­tomy.

In the in­stant case pe­ti­tioner was granted 14 days fur­lough leave and was re­leased on March 20, 2004, how­ever, he did not present him­self on time i.e. on April 4, 2004 be­fore the jail au­thor­i­ties. As a re­sult he was ar­rested and brought back to jail on July 7, 2004. Thus prison pun­ish­ment was im­posed on the pe­ti­tioner to for­feit his re­mis­sion in the ra­tio of 1:5 i.e. for each day of over­stay, 5 days of re­mis­sion would be cut. The pe­ti­tioner be­ing ag­grieved by the prison pun­ish­ment con­tends it to be harsh and that it should be set aside. The Court on hear­ing the ex­pla­na­tion sub­mit­ted by the pe­ti­tioner, re­duced the prison pun­ish­ment of the pe­ti­tioner in the ra­tio of 1:3 i.e. for ev­ery day of over­stay, 3 days of re­mis­sion would be cut, in­stead of the orig­i­nal pun­ish­ment in the ra­tio of 1:5.

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