Mumbai police send report, jail officials may decide today

MUMBAI/PUNE: The Mumbai police on Friday sent their report on actor Sanjay Dutt's furlough report to the Yerwada prison authorities in Pune. The report is sought before furlough extension is granted. The prison authorities are likely to take a decision on Saturday.
However, Dutt does not have to worry about prosecution even if his furlough extension plea is rejected. A new circular issued by the prison department states that for those on furlough, failure to report back to jail on the 29th day after the "initial 14 days and a 14-day extension taken as granted" would attract a charge under Section 224 of the IPC.
The circular, a copy of which TOI has, was issued by additional DGP Meera Borwankar and sets the cut off date for dealing with convicts who jump furlough and parole. When out of jail on parole, the offence under Section 224 will be registered if they fail to show up at the prison doors at the end of 90 days-including the initial 30-day parole along with two extensions of 30 days each. The circular states that a notice will have to be issued against the person standing surety for a prisoner who has absconded and proceedings can be initiated against him.
Dutt's lawyer Hitesh Jain said if after 14 days no decision taken, it could mean a "deemed approval".
Minister of state for home Ram Shinde told a TV channel that between December 24 and 27, 2014, 34 convicts were granted furlough, including 1993 blasts convict Zaibunissa Kazi.
The prisons department, Pune had sent a reminder to the assistant commissioner of police, Bandra division on Friday to respond to the January 1 notice.
Dutt's 14 days' leave had expired on Thursday. He had arrived at the Yerawada Central Prison with two lawyers in two separate cars on Thursday afternoon, but he went back after an hour when the prison authorities told him that he may not have to surrender before Friday, pending a decision on his request of extension of leave. Dutt did not return to prison on Friday.
Rajendra Dhamane, deputy inspector general of prisons, told TOI that he had sent an email to the assistant commissioner of police to enable him to pass necessary orders.
When asked why Dutt had not returned to the prison, Dhamane (without naming the actor) replied that a convict who has been released on furlough for 14 days can stay outside for another two weeks, for a total of maximum 28 days and his plea for seeking extension of furlough can be decided anytime during this period on receiving a report from police.