VAIDYA, J. ( 1 ) (RULE. Mr. U. R. Bhatt, the learned A. G. P. waives service of Rule. Heard the learned Advocates.) petitioner-Jayantibhai Revabhai, a convict prisoner undergoing life sentence at the Central Prison, Vadodara by this writ petition under Arts. 226 and 227 of the Constitution, has brought under challenge the impugned order dated 15-11-1992, passed by the Inspector General of Prisons, Ahmedabad, rejecting his fifth furlough, inter alia praying fur (i) quashing and setting aside the same, and (ii) to grant rightful fifth furlough. ( 2 ) MRS. S. S. Patel, the learned Advocate for the petitioner while pressing hard for the fifth furlough to petitioner has highlighted several undisputed glaring circumstances in support of her case, available on the Jail record itself which are enumerated as under : (i) that by this time, petitioner has already been released four times on furlough and twice on parole leave, and without any exception all throughout, he surrendered himself to the Jail Authorities in time on expiry of the stipulated period of the said furlough/parole leave; (ii) not only that but during the period, petitioner was so released on parole/ furlough, not a single untoward incident has taken place; (iii) that while in Jail also, the conduct of the prisoner has been found to be satisfactory; (iv) that by this time, the prisoner has already undergone substantive sentence of imprisonment for 8 years, 4 months and 29 days, exclusive of the period of remission earned by him. On the basis of the above submissions, it was finally urged by Mrs. Patel that taking into consideration the self-evident clean conduct of the petitioner, the impugned order rejecting his fifth furlough is on face of it illegal, unjust, and therefore, the same deserves to be at once quashed and set aside, and that petitioner accordingly be ordered to be released on his fifth furlough forthwith. ( 3 ) AS against the above, Mr. ( 3 ) AS against the above, Mr. U. R. Bhatt, the learned A. G. P. justifying the impugned order of Inspector General of Prisons of not granting the fifth furlough to the petitioner has highlighted other side of the picture by making following submissions : (i) That petitioner is one of the co-accused of notorious Babu Satyam Bhaiya, the convict prisoner of Amraiwadi tripple murder case; (ii) that one more co-accused of the said Babu Satyam Bhaiya, namely, Dilip shankar is also absconding for last four years, after he came to be released on parole since 3-1-1988; (iii) that in the course of last few months, about 27 prisoners who were released either on parole or furlough have not surrendered so far to the Jail Authorities and are found to be absconding. Mr. Bhatt further submitted that taking into consideration the above grave circumstances, the I. G. prisons has quite advisedly exercised his just discretion on safer side by not granting fifth furlough to the petitioner, and in that view of the matter, it cannot be said that the impugned order of I. G. Prisons was in any way illegal, unjust and arbitrary calling for any interference to get it quashed. ( 4 ) NOW none of the above grounds urged by the learned A. G. P. when closely scanned and scrutinized have any substance worth the name. To start with, as far as the first contention of learned A. G P. is concerned, it may be stated that merely because the petitioner is shown to be one of the co-accused of Babu Satyam Bhaiya, that by itself is not sufficient to refuse his rightful fifth furlough, more particularly in view of the fact that by this time, he has enjoyed four furlough and several parole leave and had surrendered himself in time. Not only that but not a single untoward incident is recorded against him when he was so out of Jail as a result of parole/furlough leave. Not only that but not a single untoward incident is recorded against him when he was so out of Jail as a result of parole/furlough leave. Similarly, as regards the second contention of learned A. G. P. , it may be stated that one other co-accused of Babu Satyam Bhaiya, namely, Vasudev Nathalal, who was earlier granted parole by the Home Department and when the same was not extended further, had approached this Court for extension of same on the ground of sickness of his wife, and which was ultimately granted by this Court, is also reported to have been surrendered in time. Finally, as regards the third and last contention of the learned A. G. P. , it may be stated that merely because several prisoners are found to be absconding after their release on parole/furlough during the course of last few months, that circumstance standing by itself cannot be so generalised as to utilize the same as a stock-ground and lever to mechanically refuse parole/furlough to other convict prisoners as every such application for grant of parole/furlough has got to be decided strictly on the facts and circumstances of that particular case; without being clouded by other irrelevant facts. Thus, it could be easily seen that all the three grounds put forward by the learned A. G. P. are absolutely too general and have no direct bearing on the facts and circumstances of the present case. This simply means that the impugned order refusing fifth furlough suffers from total non-application of mind, ignoring the self-evident clean record of the petitioner. In order that we are not misunderstood, we may indeed clarify that when a convict prisoner who is alleged to have been involved in quite grave and serious offence like the instant one, where tripple murder took place, while entertaining and granting first furlough or parole to such prisoners, the authorities are indeed required to be quite meticulous in exercising their power by taking extra care, caution and circumspection, as to lightly grant such parole/ furlough may in a given case put the overall social interest in utter jeopardy. In fact, the authorities in a given case may as well be quite justified in rejecting the first parole/furlough leave application where the attending circumstances are such which would risk both - the overall social interest, and securing back the presence of said prisoner in Jail. In fact, the authorities in a given case may as well be quite justified in rejecting the first parole/furlough leave application where the attending circumstances are such which would risk both - the overall social interest, and securing back the presence of said prisoner in Jail. As a matter of fact, while releasing such prisoners on parole/furlough, the authorities not only must make close scrutiny of the case and attending circumstances by making thorough inquiry into the matter, but even thereafter if they are so released, the Police Officers of the concerned area should be specifically instructed to maintain hot-in-heels vigilance in order that by chance even, they do not abscond and disturb law and order situation. ( 5 ) IN view of the aforesaid discussion, turning to the facts and circumstances of the instant case where petitioner has already undergone sentence of more than 8 years, coupled with the fact that till today his Jail record - inside as well as outside the Jail, being quite satisfactory and without any blemish, mechanically harping on the same old tune that the petitioner happens to be co-accused of Babu Satyam Bhaiya, that by itself would not be enough to reject his application for rightful fifth furlough. ( 6 ) NOW incidentally, since the learned A. G. P. Mr. Bhatt has raised one of the contention that in the course of last few months about 27 prisoners are found to be absconding, therefore, the petitioners fifth furlough is quite rightly refused, it may be stated that we quite appreciate and share the concern and anxiety of Inspector General of Prisons in this regard, but at the same time, as stated earlier, the circumstances standing by itself and divorced from other indisputable self-evident satisfactory Jail record of the petitioner, the same cannot be utilised to deny his rightful fifth furlough. The remedy for the said anxiety does not lie in merely mechanically refusing parole/furlough leave applications. As a matter of fact, such gross facts where large number of prisoners are found to be absconding and thereafter found not traceable, some effective measures are required to be immediately evolved and implemented to court their arrest. The remedy for the said anxiety does not lie in merely mechanically refusing parole/furlough leave applications. As a matter of fact, such gross facts where large number of prisoners are found to be absconding and thereafter found not traceable, some effective measures are required to be immediately evolved and implemented to court their arrest. It appears that to secure presence of some such absconding convict prisoners, authorities are not exerting their best by resorting to some effective devices perhaps because they lack initiative, imagination or there are no such rules to guide them to take follow-up action in this regard, and if indeed that is the position, it would not be out of place if we just venture to suggest some such few lines of action by virtue of which desired result of immediately locating and arresting absconding prisoners could be brought about which in turn may conveniently be incorporated in the relevant rules. Some such suggestions by way of proposed action are catalogued as under : (i) Moment the prisoner is admitted in Jail, either as an undertrial or as a convict, the Jail Authorities over and above maintaining the "chahera patrak" should also keep photograph of the accused/convict on the record. Over and above this, a copy of "chahera Patrak" and photograph of the accused/convict should also be sent to [i] concerned Police Station where such accused/convict is ordinarily residing and the place where the alleged offence took place, [ii] the concerned Police Station where accused/convict prisoner is to enjoy parole/furlough leave, [iii] the District head Quarters of the aforesaid places for maintaining record against the accused. (ii) Moment it is reported that the accused/convict is absconding, immediately a wireless message should be sent to the concerned Police Station as well as District Police Head Quarters sounding red-alert throughout the state and neighbouring States. (iii) Thereafter without losing any time, a public notice for the arrest of such absconding accused/convict alongwith his photograph and identification marks should be flashed in the leading Newspapers, T. V. , Radio, etc. (iv) Not only that but in order to secure immediate presence of the concerned accused/convict prisoner, the citizen can as well be further motivated to furnish information regarding such absconding ones by declaring some tempting prizes with promise of confidentiality. (iv) Not only that but in order to secure immediate presence of the concerned accused/convict prisoner, the citizen can as well be further motivated to furnish information regarding such absconding ones by declaring some tempting prizes with promise of confidentiality. (v) At the time when accused/convict prisoner is released on parole furlough, the Police Station within which he is to enjoy the same should be immediately sounded about the release of prisoner and be intimated to keep surveillance over him. Not only that but the said Authority should be asked to see that on the date of expiry of furlough/parole period, the accused/convict is made to surrender to the Jail Authorities in time. (vi) Further condition can as well be imposed to the effect that accused/ convict prisoner may be granted furlough/parole on the ground that he should report at the concerned Police Station everyday, alternate day or every week-end, as deemed proper in the facts and circumstances of the case. (vii) It is also widely alleged that many a times it is under the umbrella of Local Police only that such absconding accused/convict prisoners enjoy their abscondence by greasing the palms or by such other illegal practices. We are indeed not prepared to readily accept such too general lose allegations against the Police Department on some mere whispers, as we do come across number of such honest, sincere and law-abiding conscientious Police Officers who are found to discharge their duty quite ably and conscientiously, which any one can be just proud of and envy at. However, by abundant caution, in a given case, if such allegations remotely even turn out to be true, then to meet with such a grave eventuality, the Home Department and the higher-up officers should device some special methods of surprise checking to control the corrupt practices of local police, if any, as alleged above in any particular case. ( 7 ) WE are firmly of the opinion that aforesaid line of action is absolutely necessary in the overall public interest. Under the circumstances, we hope and trust that whatever has been observed in the overall public interest would be seriously considered and accepted by the State Authorities and implemented at the earliest to save and uphold the public cause. Under the circumstances, we hope and trust that whatever has been observed in the overall public interest would be seriously considered and accepted by the State Authorities and implemented at the earliest to save and uphold the public cause. ( 8 ) THUS, taking into consideration the overall facts and circumstances of the instant case, it appears to as that petitioner deserves to be granted his rightful fifth furlough. ( 9 ) LA the result, this application is allowed. The impugned order rejecting fifth furlough leave to the petitioner is hereby quashed and set aside. Petitioner is ordered to be released on fifth furlough on the usual terms and conditions. Rule made absolute. .