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IN THE HIGH COURT OF DELHI AT NEW DELHI
RAVINDER DUDEJA
Vikas Yadav – Appellant
Versus
State Nct Of Delhi Through Secretary – Respondent
| Table of Content |
|---|
| 1. factual background on the petitioner's conviction and sentencing. (Para 2 , 3 , 4 , 5) |
| 2. petitioner's arguments against the furlough rejection. (Para 8 , 9 , 10 , 11) |
| 3. respondents' arguments against granting furlough. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. court's analysis of furlough eligibility and statutory interpretation. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. conclusion on the statutory ineligibility for furlough. (Para 31 , 32 , 33 , 34) |
| 6. final decision of the court on petition dismissal. (Para 35) |
JUDGMENT :
RAVINDER DUDEJA, J.
1. This is a writ petition under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”] seeking grant of first spell of furlough for a period of 21 days to the petitioner and for quashing of the rejection order dated29th October, 2025 passed by the Jail Authority.
Brief facts of the case:
2. The petitioner was convicted by the trial Court vide judgment dated 28th March, 2008 and sentenced to undergo imprisonment for life under Section 302 /34 of Indian Penal Code [“IPC”], Rigorous Imprisonment [“RI”] for 10 years under Section 364 /34 and RI for 5 yea
Furlough is a discretionary relief under the Delhi Prison Rules, limited to inmates who meet specific eligibility criteria, including good conduct remissions, which the petitioner could not satisfy.
Furlough – When furlough is an incentive towards good jail conduct, even if person is otherwise not to get any remission and has to remain in prison for whole of reminder of his natural life, that do....
(1) Grant of furlough must be balanced against public interest and can be refused to certain categories of prisoners.(2) Grant of release on furlough is a discretionary remedy – A prisoner is entitle....
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.
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 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 constitutional validity of furlough provisions must account for individual prisoner circumstances, ensuring that previous overstays do not lead to automatic denials of furlough requests.
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