Court emphasizes the importance of good conduct incentives and personal reasons like securing a child’s education in furlough decisions.
In a significant ruling, the Delhi High Court has directed the immediate release of Vicky @ Gobind, who is serving a life sentence, on furlough for two weeks. The decision was made despite the simultaneous parole of a co-convict, marking an important interpretation of the Delhi Prison Rules, 2018 concerning furloughs.
Justice Manoj Jain presided over the case, with the petitioner seeking furlough to facilitate his daughter's admission into a school. His daughter, currently studying at New Holy Public School, Uttam Nagar, is aiming for admission in Kamal Public School, Vikas Puri. The court acknowledged the personal importance of this matter and recognized it as a legitimate reason for granting furlough.
The Delhi Prison Rules, 2018, specifically Rules 1220 to 1243, govern the furlough process. Note-1 attached to Rule 1224 states that while simultaneous furlough to co-convicts is "ordinarily" not permissible, it does not impose a complete prohibition. Justice Jain highlighted that the competent authority must evaluate each case on its individual merits. The fact that a co-convict is already on parole should not automatically bar the grant of furlough to another co-convict if circumstances justify it.
The court underscored furlough as an incentive for good conduct, stating that it should not be denied solely based on a co-convict’s parole status. The petitioner had previously been granted a third spell of furlough by the competent authority on 18th March 2026, but his release was delayed due to the co-accused being on parole. The petitioner's counsel argued that the co-convict might extend his parole due to his wife's health, further complicating the furlough situation.
In its judgment, the court directed the Superintendent, Jail to release Vicky @ Gobind within three days, affirming the furlough period of two weeks as outlined in the earlier order. This decision reflects the court's stance on the importance of recognizing legitimate personal reasons, such as securing a child's education, in furlough considerations.
This ruling could set a precedent for future cases, emphasizing the need for a merit-based assessment of furlough applications and the importance of incentives for good conduct within the prison system.
Bottom line:-
Furlough - Simultaneous furlough to co-convicts is not completely prohibited under Delhi Prison Rules, 2018 - Grant of furlough is an incentive for good conduct and should not be denied solely on the basis that another co-convict is already on parole.
Statutory provision(s): Delhi Prison Rules, 2018, Rules 1220 to 1243, Rule 1224
Vicky @ Gobind v. State (NCT of Delhi), (Delhi) : Law Finder Doc id # 2891860
