Bombay High Court dismisses furlough plea of 2012 gang rape convict

  • | Friday | 22nd March, 2019

The High Court on Wednesday upheld the state government's decision to deny furlough to people convicted for rape. The High Court would not interfere with the state government's decision to excludes rape convicts from being eligible for furlough." Furlough is the right of a convict to be entitled to leave while serving a jail term. Munde has been convicted for charges of gang rape commited in 2012 and is currently lodged in the Aurangabad Central Jail. However, in accordance with the Government Resolution (GR) of April 16, 2018, a person convicted for rape will not be eligible for furlough leave."

The High Court on Wednesday upheld the state government's decision to deny furlough to people convicted for rape. A division bench of Justice TV Nalawade and Justice Mangesh Patil while dismissing the petition filed by 27-year-old Atmaram Munde seeking furlough, said, "The prisoner has no legal right to seek furlough. The High Court would not interfere with the state government's decision to excludes rape convicts from being eligible for furlough." Furlough is the right of a convict to be entitled to leave while serving a jail term. Munde has been convicted for charges of gang rape commited in 2012 and is currently lodged in the Aurangabad Central Jail. While serving his sentence, Munde sought to be released on furlough. He further said that his father-­in-­law was willing to stand surety. Moreover, the members of the village had given in writing to the prison authority that they had no objection if Munde stayed in the village. However, the prosecutor argued, "Not every convict is entitled to furlough leave, and it is upon the state Government to decide who is entitled to it. However, in accordance with the Government Resolution (GR) of April 16, 2018, a person convicted for rape will not be eligible for furlough leave." The bench after much consideration, upheld state's stand while dismissing Munde's plea.

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