Delhi HC Extends Life Convict’s Furlough By 2 Weeks As Family Has No Alternative To Unsafe Home

The petitioner was serving a life sentence under Sections 364-A read with 120-B of the Indian Penal Code, 1860. His conviction and sentence were upheld on appeal, and his Special Leave Petition was dismissed. By the time of the petition, he had served about fifteen years of actual imprisonment, in addition to remission.

He had been granted three weeks’ furlough and was released on 21 October 2026, with surrender due on 12 November 2026. He sought an extension, stating that his family home was unsafe and required urgent repairs; his application for extension was pending before the competent authority.

The Court noted his history of surrendering on time after previous releases, with no reported misconduct, and that the family had no alternative accommodation.

Furlough is a conditional short-term release intended to enable prisoners to address personal and family problems and maintain social ties.

The Court relied on the Supreme Court’s observations in Asfaq v. State of Rajasthan, (2017) 5 SCC 55, concerning the humanistic purpose of parole and furlough and their role in maintaining prisoners’ links with society.

It also relied on its own decisions recognising that furlough may be extended in appropriate cases.

The Court considered the petitioner’s asserted housing circumstances a genuine ground for extension, noting that his wife, aged parents and younger siblings lived in the unsafe house and had no alternative accommodation.

It also took account of his prior furlough and parole record: he had been released on at least fourteen occasions, had surrendered as required, and had no reported misconduct.

His recent grant of furlough further indicated that the competent authority had found him fit for release.

Applying the purpose of furlough and its power to extend it in appropriate cases, the Court granted a limited extension and accepted that it would count against the current-year entitlement.

He was directed to surrender to the concerned Jail Superintendent on 26 November 2026; the extended period was to be adjusted against his furlough entitlement for the current conviction year, and the existing conditions of the furlough order were to continue.

A copy of the order was directed to be sent to the Superintendent, Central Jail No. 2, Tihar, and the petition and pending applications were disposed of.