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Judgment
11 paragraphs · 343 wordsManoj Jain, J
Petitioner is serving life sentence.
His such sentence has already attained finality as he has not filed any Special Leave Petition before Hon'ble Supreme Court.
Petitioner was granted third spell of furlough for a period of two weeks by the competent authority vide order dated 18.03.2026. However, he has yet not been released on furlough for the reason that his one co-accused is already out on parole for a period of four weeks and is scheduled to surrender on 11.05.2026.
Learned counsel for petitioner submits that petitioner is seeking furlough to ensure that his daughter is in a position to get admission in a school. She is 16 years of age and is now seeking admission in class 11. Petitioner also apprehends that since wife of his co-convict is not keeping well, there is every likelihood that his co-convict may seek extension of parole.
Rules 1220 to 1243 of Delhi Prison Rules, 2018 deal with furlough and as per Note-1 attached to Rule 1224, simultaneous furlough to co-convict is, ordinarily, not permissible. Thus, apparently, there is no complete prohibition or embargo in releasing any such co-convict on furlough if the other co-convict is already availing furlough.
As per oral instructions, which the petitioner has received from the wife of petitioner, presently, the daughter of petitioner is studying in New Holy Public School, Uttam Nagar and, now, they are desirous of seeking her admission, preferably, in Kamal Public School, Vikas Puri.
Nominal Roll has also been requisitioned.
Grant of furlough is, merely, an incentive for good conduct and the fact that co-accused is already on parole, should not be a stumbling block when it comes to securing admission for his child.
In view of the above, the present petition is disposed of with direction to the competent authority/Superintendent, Jail to release the petitioner within three days for third spell of furlough for a period of two weeks, in terms of order dated 18.03.2026.
The petition stands disposed of in aforesaid terms.