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IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma
Rahul Alias Puneet Alias Phillips – Appellant
Versus
State Of Nct Of Delhi – Respondent
JUDGMENT :
SWARANA KANTA SHARMA, J.
1. By way of the present writ petition, the petitioner seeks setting aside of Order No F.10(21760)/CJ/LEGAL/PHQ/2025/M-1044, dated 04.02.2025, passed by Director General (Prisons), and issuance of writ in the nature of mandamus directing the respondent to release the petitioner on 1st Spell of furlough for a period of three weeks.
2. As set out in the petition, and evident from the Nominal Roll on record, the petitioner is presently confined in Central Jail No. 14, Mandoli, New Delhi, as he was convicted for commission of offence under Sections 302/307/324/34 of Indian Penal Code, 1860 and Section of 25 Arms Act, 1959 and was awarded sentence of rigorous imprisonment for life. The appeal preferred by him against his conviction, i.e. CRL.A. 549/2012, was dismissed by this Court vide order dated 14.10.2015.
3. The learned counsel appearing on behalf of the petitioner argues that the petitioner had approached the Competent Authority for grant of furlough for a period of three weeks vide application dated 15.01.2025; however, the same was dismissed by way of impugned order dated 04.02.2025 on the ground that when he was released on emergency parole durin
The court emphasized that good conduct in prison is a valid basis for granting furlough, overriding past re-arrests during parole.
The central legal point established is the application of the Delhi Prison Rules, 2018, in determining the eligibility and conditions for granting furlough to a prisoner.
The Court emphasized the objectives of furlough as per the Delhi Prison Rules and considered the petitioner's eligibility and conduct in jail in granting the relief.
The court balanced the interests of the convict and society, considered family exigencies, and issued guidelines for reasoned rejection orders.
The grant of furlough as a reward for good conduct and the court's discretion in modifying furlough conditions based on the petitioner's conduct and fulfillment of eligibility criteria.
The main legal point established in the judgment is the eligibility for parole under the Delhi Prison Rules-2018, specifically focusing on the petitioner's failure to fulfill the conditions of furlou....
The court emphasized the reformative approach to rehabilitation and the need to balance the interests of the convict and society in granting furlough.
The judgment emphasizes the public interest in granting furlough, considering the reformation theory of sentencing and the potential threat to society posed by habitual offenders.
Eligibility for furlough can be granted despite past misconduct if recent conduct is satisfactory and circumstances justify it.
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