STATE OF MAHARASHTRA vs SURESH PANDURANG DARVAKAR

The Supreme Court held that the Bombay High Court's order granting furlough to the respondent was erroneous as it did not consider the mandatory provisions of Rules 4(4) and 6 of the Prison (Bombay Furlough and Parole) Rules, 1959, which stipulate conditions under which furlough can be denied. The Court emphasized that furlough is not an absolute right and can be refused based on public peace considerations. The appeal by the State of Maharashtra was allowed, and the High Court's order was set aside.