In a recent ruling by the Delhi High Court, a decision has been made regarding the granting of furlough to a long-term prisoner. The court’s judgment takes into account the petitioner’s conduct and eligibility for temporary release. This case highlights the significance of rehabilitation and support for individuals like the petitioner, who have been in custody for over 20 years.
Arguments
- Petitioner had been released on furlough on 13 occasions and never misused the liberty given.
- Petitioner’s furlough application was rejected due to jumping furlough granted in January 2020.
- Petitioner’s conduct has been satisfactory in the last three years, working as a Library Sahayak in jail.
- Petitioner has served more than 20 years in custody and maintaining social ties is crucial for him.
Analysis
- The petitioner’s conduct has been satisfactory for the past year, with an overall satisfactory conduct record except for one punishment in January 2021.
- The petitioner had undergone 21 years of actual custody without remission, and around 24 years with remission before being released on 19.11.2020.
- The petitioner absconded after being released on furlough in January 2020 and was re-arrested in another case on 18.11.2020.
- Superintendent jail did not recommend the petitioner’s application for furlough due to his absconding while on furlough.
- The petitioner had previously been released on parole 7 times and on furlough 12 times without misusing the liberty granted.
- Although granting furlough or parole is essential for prisoners’ well-being and reintegration, the petitioner had earned three Annual Good Conduct Reports and met the eligibility criteria for furlough.
- The petitioner has been working as a Library Sahayak in the jail for the past 14 years.
- The Competent Authority declined the petitioner’s furlough application citing Rule 1224(iii) of Delhi Prison Rules 2018 regarding absconding while on parole or furlough.
- Parole and furlough provide temporary relief from long-term incarceration
- Both parole and furlough positively impact physical and mental well-being
- Helps in reducing the stresses of long-term confinement
Decision
- The petitioner is granted furlough for a period of three weeks.
- The furlough period starts upon the petitioner’s release from jail.
- A personal bond of Rs.10,000 with one surety of the same amount is required.
- The petitioner must report to the SHO of the local area once a week on Sundays between 10:00 AM to 11:00 AM.
- The petitioner must provide an active telephone/mobile number to the Jail Superintendent and local police SHO.
- The petitioner is restricted to reside at a specific address in NCT of Delhi during the furlough.
- Upon the furlough period’s expiry, the petitioner must surrender before the Jail Superintendent.
Case Title: RAKESH Vs. STATE ( NCT. OF DELHI) (2024:DHC:4490)
Case Number: W.P.(CRL)-1162/2023
