Parole furlough for child’s education

W.P.(CRL)-1389/2026

Parties: VICKY @ GOBIND vs STATE (NCT OF DELHI)

Judge(s): JUSTICE MANOJ JAIN

Area of Law: Criminal Law

The Delhi High Court, in Vicky @ Gobind v. State (NCT of Delhi), directed the immediate release of the petitioner, a life convict, on his third spell of furlough for two weeks, notwithstanding that a co-accused was already out on parole. The Court held that the competent authority’s refusal to release the petitioner, whose sentence had attained finality, was unsustainable, particularly given the petitioner’s stated purpose of securing his 16-year-old daughter’s admission to Class 11. The decisive ground for this ruling was the interpretation of Note-1 attached to Rule 1224 of the Delhi Prison Rules, 2018, which states that simultaneous furlough to co-convicts is “ordinarily” not permissible, thereby implying no absolute prohibition. The Court emphasized that furlough is an incentive for good conduct and the mere fact of a co-accused being on parole should not impede a convict from availing furlough, especially when it concerns a child’s education. This aligns with the principle that prison rules, while maintaining discipline, should not be applied so rigidly as to defeat the rehabilitative purpose of furlough, particularly in circumstances involving family welfare. The Court implicitly relied on the broader principle that discretionary powers, even in prison administration, must be exercised reasonably and not arbitrarily. The Superintendent, Jail, was directed to release the petitioner within three days in terms of the order dated 18.03.2026.