Prisoner Granted Furlough Despite Previous Delay in Surrender.


09 April 2025 Parole and Furlough >> Criminal Law  

In Sagir v/s State (Govt. NCT Of Delhi) & Another., the Delhi High Court has set aside an order from Delhi Prisons that rejected a prisoner's application for furlough, allowing him a three-week release. The prisoner, who has served over 20 years for offenses including rape and murder, had his previous furlough application denied because he surrendered eight days late on an earlier occasion.

The petitioner, seeking his first spell of furlough, argued that his previous delay in surrendering was due to his erstwhile counsel withdrawing a writ petition before the Supreme Court without his instructions and failing to inform him about the immediate surrender directive. He explained that he only learned about the requirement on October 7, 2024, via a phone call from a jail official, and subsequently surrendered on October 9, 2024, after traveling from his native village in Bihar.


 

  

The court noted that the prisoner has a history of timely surrenders, having been released on parole four times, furlough eight times, and emergency parole twice, always returning on time. This was his sole instance of delayed surrender.

Considering the "overall philosophy behind the reformative tools including furlough" and the prisoner's otherwise "solitary conduct," the court found no reason to deny him the benefit of furlough.

The High Court has directed the jail authorities to release the petitioner on furlough for three weeks. He is required to furnish a personal bond of Rs. 10,000 with one surety of the like amount to the satisfaction of the Jail Superintendent. During his furlough, he will reside in his native village in Bihar, as requested. The Jail Superintendent is also directed to inform the petitioner in writing of his exact surrender date.