Delhi High CourtAdministrative and Public LawCriminal Law

Delhi HC Orders 3-Week Furlough For Life Convict, Rejects Blood-Relation Test And Bars Contact With Co-Convict Nephew

Raj Kishorev.State (Nct Of Delhi) & Anr.

Delhi HC Orders 3-Week Furlough For Life Convict, Rejects Blood-Relation Test And Bars Contact With Co-Convict Nephew. Raj Kishore vs State (Nct Of Delhi)   & Anr.. Delhi High Court. LawLens
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In brief

The question

Whether Note (1) to Rule 1224 of the Delhi Prison Rules, 2018 prohibits simultaneous furlough to co-convicts, or instead permits it in the competent authority’s discretion.

The court held

The Court set aside the impugned order and directed that the petitioner be released on furlough within two days for three weeks, on the terms and conditions of the 13 August 2026 sanction order.

It also directed

As an additional condition, he was prohibited from meeting or staying with any co-convict, including Dal Chand, during furlough.

He was directed to surrender to the Jail Superintendent upon expiry of the furlough, with any breach to be considered in future applications.

01Facts

The petitioner, serving life imprisonment in FIR No. 179/2011 and lodged in Central Jail No. 2, Tihar, had been sanctioned furlough on 13 August 2026.

pp. 1–3

On 22 September 2026, the Prisons Headquarters declined his release simultaneously with co-convict Dal Chand, identified as the petitioner’s nephew, relying on Note (1) to Rule 1224 of the Delhi Prison Rules, 2018, and stating that the co-convicts were not related by blood.

pp. 1–3, 6

The petitioner challenged that decision.

The Court also noted that he had previously been released on parole, interim bail, or furlough twelve times since 2017.

p. 6

02Issues

i.Whether Note (1) to Rule 1224 of the Delhi Prison Rules, 2018 prohibits simultaneous furlough to co-convicts, or instead permits it in the competent authority’s discretion.

pp. 4–6

ii.Whether the authority’s refusal to release the petitioner simultaneously with Dal Chand was sustainable when it relied on the absence of a blood relationship without assessing the relevant risks or possible safeguards.

pp. 6–7

03Law Applied

Note (1) to Rule 1224 of the Delhi Prison Rules, 2018 provides that simultaneous furlough to co-accused convicts is “ordinarily” impermissible, while allowing consideration in exceptional circumstances where they are family members.

p. 3

In Sandeep v. State (NCT of Delhi), 2026 SCC OnLine Del 2050, the Division Bench held that “ordinarily” does not create an absolute prohibition: the competent authority retains discretion to grant simultaneous parole or furlough, but must examine the application strictly, including whether release could enable co-accused to commit further offences or threaten witnesses or victims, and whether conditions could avert any such risk.

pp. 4–6

The reference to family members identifies a circumstance in which simultaneous release may be granted; it does not exhaust the circumstances in which the Rules permit it.

p. 5

Provisions in the judgment · 2 · Linked ones open on LawLens

Indian Penal Code, 1860 Section 363Section 34

04Reasoning

The impugned order gave only the absence of a blood relationship as its reason and did not determine whether a nephew qualified as a family member under the Rule.

p. 6

More importantly, it treated the absence of blood relation as conclusive and failed to exercise the discretion required by the word “ordinarily.”

p. 6

It made no assessment of the risk of the petitioner and Dal Chand combining to commit an offence or threaten witnesses or the victim, or whether conditions could manage any such risk.

p. 6

In light of Sandeep and the petitioner’s prior furlough sanction and release history, the refusal could not stand; the Court considered remittal unnecessary because furlough had already been sanctioned.

p. 6

05Holding

The Court set aside the impugned order and directed that the petitioner be released on furlough within two days for three weeks, on the terms and conditions of the 13 August 2026 sanction order.

p. 7

As an additional condition, he was prohibited from meeting or staying with any co-convict, including Dal Chand, during furlough.

p. 7

He was directed to surrender to the Jail Superintendent upon expiry of the furlough, with any breach to be considered in future applications.

p. 7
Delhi High Court

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Raj KishorevsState (Nct Of Delhi) & Anr.

Delhi High Court · November 03, 2026

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