W.P.(CRL)/206/2025 of VINOD KUMAR Vs STATE

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGHO R R

%11.02.2025

1.This is petition filed under Article 226 of the Constitution of Indiaseeking release of the petitioner on 1[st]spell of furlough (wronglymentioned as 3[rd]spell of furlough in the petition) for period of 3weeks.seeking release of the petitioner on 1[st]spell of furlough (wronglymentioned as 3[rd]spell of furlough in the petition) for period of 3weeks.

2.It is stated that the petitioner had filed an application on 21.11.2024for his release on furlough but the same has not been decided yet.for his release on furlough but the same has not been decided yet.

3.As per the status report, it is stated that the petitioner’s wife andchildren are not residing at F-221, Jatav Mohalla, Maidan Garhi, NewDelhi but are residing at House No. l0, Khedewala Mohalla, behindShiv Mandir, Gali No. 3, Fateh Pur, Billoch, Ballabhgarh, Faridabad,Haryana from the last two years.children are not residing at F-221, Jatav Mohalla, Maidan Garhi, NewDelhi but are residing at House No. l0, Khedewala Mohalla, behindShiv Mandir, Gali No. 3, Fateh Pur, Billoch, Ballabhgarh, Faridabad,Haryana from the last two years.

4.As per the Nominal Roll, the petitioner is life convict for offencesunder sections 302 and 120B of IPC and has already undergone 20years 7 months 8 days of incarceration.under sections 302 and 120B of IPC and has already undergone 20years 7 months 8 days of incarceration.

5.The Hon’ble Supreme Court in Atbir v. State (NCT of Delhi), (2022)

13 SCC 96 while relying on Asfaq v. State of Rajasthan, (2017) 15SCC 55 observed as under:-

“18. The principles relating to different provisions dealing

with the matter of release of prisoner by way of bail,furlough and parole have been considered and the distinctionhas been explained by this Court in several of its decisions. Weneed not multiply on the authorities but, relevant it would be totake note of the observations and enunciations by this Court inAsfaq [Asfaq v. State of Rajasthan, (2017) 15 SCC 55 : (2018)1 SCC (Cri) 390] , where it was observed, inter alia, as under: (SCC pp. 60-62, paras 11 & 14-16)

“11. There is subtle distinction between parole and furlough.A parole can be defined as conditional release of prisoners i.e.an early release of prisoner, conditional on good behaviourand regular reporting to the authorities for set period oftime. It can also be defined as form of conditional pardon bywhich the convict is released before the expiration of his term.Thus, the parole is granted for good behaviour on thecondition that parolee regularly reports to supervisingofficer for specified period. Such release of the prisoner onparole can also be temporarily on some basic grounds. In thateventuality, it is to be treated as mere suspension of thesentence for time being, keeping the quantum of sentenceintact. Release on parole is designed to afford some relief tothe prisoners in certain specified exigencies. …***

14. Furlough, on the other hand, is brief release from prison.

Itisconditionalandisgivenincaseoflong-termimprisonment. The period of sentence spent on furlough by theprisoners need not be undergone by him as is done in the caseof parole. Furlough is granted as good conduct remission.15. convict, literally speaking, must remain in jail for theperiod of sentence or for rest of his life in case he is lifeconvict. It is in this context that his release from jail for ashort period has to be considered as an opportunity affordedto him not only to solve his personal and family problems butalso to maintain his links with society. Convicts too mustbreathe fresh air for at least some time provided they maintaingood conduct consistently during incarceration and show atendency to reform themselves and become good citizens.Thus, redemption and rehabilitation of such prisoners for goodof societies must receive due weightage while they areundergoing sentence of imprisonment.16. This Court, through various pronouncements, has laiddown the differences between parole and furlough, few ofwhich are as under:

(i) Both parole and furlough are conditional release.

(ii) Parole can be granted in case of short-term imprisonmentwhereas in furlough it is granted in case of long-termimprisonment.

(iii) Duration of parole extends to one month whereas in thecase of furlough it extends to fourteen days maximum.

(iv) Parole is granted by the Divisional Commissioner andfurlough is granted by the Deputy Inspector General ofPrisons.

(v) For parole, specific reason is required, whereas furlough ismeant for breaking the monotony of imprisonment.

(vi) The term of imprisonment is not included in thecomputation of the term of parole, whereas it is vice versa infurlough.

(vii) Parole can be granted number of times whereas there islimitation in the case of furlough.

(viii) Since furlough is not granted for any particular reason, itcan be denied in the interest of the society.

(See State of Maharashtra v. Suresh Pandurang Darvakar[State of Maharashtra v. Suresh Pandurang Darvakar, (2006)

4 SCC 776 : (2006) 2 SCC (Cri) 411] and State of Haryana v.Mohinder Singh [State of Haryana v. Mohinder Singh, (2000)

3 SCC 394 : 2000 SCC (Cri) 645] .)”

I am of the view that furlough would help to maintain social andfamily connections and the apprehension of the respondent regardingnon availability of his permanent address is addressed as the petitionerhas already given the address in the Memo of Parties as House No. l0,Khedewala Mohalla, behind Shiv Mandir, Gali No. 3, Fateh Pur,Billoch, Ballabhgarh, Faridabad, Haryana.

For the said reasons, the petition is allowed and the petitioner isgranted 1[st]spell of furlough for period of 3 weeks from the date ofhis release subject to the following terms and conditions:-

a) The petitioner shall furnish personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) with 01 local surety in thelike amount, to the satisfaction of the Jail Superintendent;10,000/- (Rupees Ten Thousand Only) with 01 local surety in thelike amount, to the satisfaction of the Jail Superintendent;

b) The petitioner shall furnish his cellphone number as well as thecellphone number of his wife to the concerned InvestigatingOfficer (‘IO’) on which the petitioner may be contacted at anytime and shall ensure that the number is kept active and switched-on at all times;cellphone number of his wife to the concerned InvestigatingOfficer (‘IO’) on which the petitioner may be contacted at anytime and shall ensure that the number is kept active and switched-on at all times;

c) The petitioner will furnish his permanent address to the IO and incase he changes his address, he will inform the IO concerned;case he changes his address, he will inform the IO concerned;

d) The petitioner shall not indulge in any act or omission that isunlawful or that would prejudice the proceedings in pendingcases, if any;unlawful or that would prejudice the proceedings in pendingcases, if any;

e) The petitioner shall not leave the country without the permissionof the concerned court and if the petitioner has passport, he shallsurrender the same to the concerned trial court;of the concerned court and if the petitioner has passport, he shallsurrender the same to the concerned trial court;

f)The petitioner shall not indulge in any act or omission that isunlawful during the period of furlough;unlawful during the period of furlough;

g) The petitioner shall surrender the expiry of 3 weeks of furlough.8.A copy of this order be communicated electronically to the concernedJail Superintendent for information and necessary compliance.Jail Superintendent for information and necessary compliance.

9.The petition stands disposed of in the aforesaid terms.

JASMEET SINGH, J

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