In a significant ruling, the Delhi High Court has held that prison authorities can consider applications for parole or furlough even when a convict’s appeal is pending before the Supreme Court.
A division bench comprising Justice Pratibha M. Singh and Justice Amit Sharma clarified that the Delhi Prison Rules do not prohibit consideration of such requests merely because the matter is sub judice in the apex court. However, the judges emphasized that the actual grant of parole or furlough must depend on the facts of each case.
“It is an altogether different question as to whether in the facts of a specific case, the prison authorities ought to grant parole or furlough, if the Supreme Court is seized of the matter… The grant or non-grant would depend on the facts of each case,” the court stated.
Parole is usually granted to address urgent personal circumstances, while furlough is a periodic release provided after the convict has served a specified number of years without the need for any specific reason.
The court acknowledged that there may be cases where the Supreme Court has already refused bail or declined to suspend the sentence. In such situations, the bench said, prison authorities must exercise “deeper scrutiny” before allowing any temporary release.
Importantly, the court clarified that the right to apply for parole or furlough is not extinguished simply because a criminal appeal or special leave petition is pending in the Supreme Court.
“The mere pendency of criminal appeal/Special Leave Petition before the Supreme Court cannot be taken as a bar for release on furlough,” the bench ruled. “Each case would be determined on its own eligibility criteria as per rules by the competent authority, subject to judicial review under Article 226 of the Constitution by the High Court.”
The judgment came while the court was hearing a batch of petitions on the issue, settling the legal position on whether parole or furlough can be considered during the pendency of a case before the highest court.
The High Court also distinguished the power to grant parole and furlough from the power to suspend a sentence or grant bail, which lies with the appellate courts. While appeals are pending before a higher forum, prison authorities may still consider parole and furlough requests in accordance with established rules, the bench concluded.
