Supreme Court of India · 2006-04-13
State Of Maharashtra & Anr vs Suresh Pandurang Darvakar
- Citation / case number
- AIR 2006 SUPREME COURT 2471
- Court
- Supreme Court of India
- Petitioner
- State Of Maharashtra & Anr
- Respondent
- Suresh Pandurang Darvakar
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, S.H. Kapadia
Judgment text excerpt
The Supreme Court held that the Bombay High Court's order granting furlough to the respondent was erroneous as it did not consider Rules 4(4) and 6 of the Prison (Bombay Furlough and Parole) Rules, 1959, which stipulate conditions under which furlough may be denied. The Court clarified that furlough is not an absolute right and can be refused based on public peace considerations as per Rule 4(4). The Court set aside the High Court's order and emphasized adherence to the statutory requirements outlined in the Prisons Act, 1894.