The Prisons Act, 1894. Section 3(5A) defines the term “furlough system” which means the system of releasing prisoners in jail on furlough in accordance with the rules for the time being in force. The rules 11 wp.2343.09.sxw regarding furlough system have been framed by the State Government in exercise of power to make rules under Section 59, in particular, sub-clause (1), (2) and (5) of sub-section (1) thereof. Section 61 of the Act mandates that the copies of the Rules so framed under Section 59 so far as they affect the government of prisons shall be exhibited both in English and in regional language, in some place to which all persons employed within a prison have access. As aforesaid, the State Government has framed Rules known as the Prisons (Bombay Furlough & Parole) Rules, 1959. Rule 3 deals with when prisoners may be granted furlough.
The same reads thus:
“3. When prisoner may be granted furlough –
(1) A prisoner who is sentenced to imprisonment for a period exceeding one-year but not exceeding five years, may be released on furlough for a period of two weeks at a time for every year for actual imprisonment undergone.
(2) A prisoner, who is sentenced to imprisonment for a period exceeding five years may be released on furlough for a period of two weeks at a time for every two years of actual imprisonment undergone.
Provided that a prisoner sentenced to imprisonment for more than five years but not to imprisonment for life may be released on furlough every year instead of every two years during the last five years of his unexpired period of sentence :
Provided further that a prisoner sentenced to life imprisonment may be released on furlough every year instead of every two years after he completes seven years’ actual imprisonment.