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The State of Gujarat v. Narayan @ Narayan Sai @ Mota Bhagwan Asaram @ Asumal Harpalani

Criminal Appeal · 2021 INSC 653Decided 20 Oct 2021
Criminal Appeal No. 1159 of 2021
Dr. Justice D.Y. Chandrachud · Justice B.V. Nagarathna

Background

The respondent, convicted and sentenced to life imprisonment on charges including rape under Sections 376(2)(c) and related IPC provisions, was granted furlough (temporary prison leave) by a Single Judge of the Gujarat High Court in June 2021. The State of Gujarat challenged this grant before the Supreme Court, citing the Jail Superintendent's negative opinion based on the respondent's in-custody conduct.

Decision Breakdown

The Supreme Court noted that the Jail Superintendent had opposed furlough because the respondent had illegally kept a mobile phone in jail and attempted to contact the outside world, and because of a reasonable apprehension that his release could disturb public peace given his mass following, along with earlier attempts to threaten witnesses and bribe officials during trial. The Court held the High Court was wrong to override this reasoned opinion, distinguished an earlier furlough granted purely on the ground of his mother's ill health, and found no error in the authorities' refusal that would justify furlough under the applicable Rules. It allowed the State's appeal and set aside the High Court's order granting furlough.

Lesson Learnt

Furlough or prison leave is not an automatic right for a convict: courts weigh the convict's actual conduct in custody and genuine public-safety or witness-security concerns, and even a convict with no history of escape can be denied leave on these grounds.

Official source (sci.gov.in)View Judgment (PDF)

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