Delhi HC: Inmate's Furlough Denied Due to Repeated Parole Violations

Summary: Amar Pal, serving a 10-year sentence in Tihar Jail, New Delhi, asked for a break from prison, but his request was turned down because he kept breaking the rules when he was let out before. The court stressed that behaving well is important if you want a break from prison.

Amar Pal's Conviction and Sentence

Amar Pal is currently in Central Jail No. 2, Tihar, New Delhi. He was found guilty on December 9, 2019, for serious crimes. He was sentenced to 10 years of hard labor and fined ₹25,000. If he doesn't pay the fine, he has to stay in jail for another 12 months.

The Furlough Request

Amar Pal asked for a three-week break from jail, saying he's already spent seven years locked up. His lawyer said that taking a break helps keep family connections strong and helps people fit back into society. Even though he was late returning to jail before because his brother died, his lawyer said he didn't misuse his freedom.

"The purpose of a furlough is to help reform the person, keep family connections, and help them fit back into society."

State's Opposition

The State (NCT of Delhi) was against giving Amar Pal a break, pointing out his history of breaking the rules when he was let out before. He was caught twice after running away during his leave. The State said his behavior in jail wasn't good, with many punishments for running away and committing new crimes.

"We can't ignore the chance that he might run away again if he's let out."

Court's Decision

The court, led by Dr. Justice Swarana Kanta Sharma, looked at Amar Pal's history of breaking the rules. His request for a break was denied because of Rule 1224(iii) of the Delhi Prison Rules, 2018, which says prisoners who run away when they're let out can't get a furlough.

Parole Violations

Amar Pal's history of breaking the rules includes:

• He was let out from May 28, 2020, to July 9, 2020, but didn't come back until October 28, 2021.
• He was let out again in March 2024 and September 2024 but was late and ran away each time.

His repeated running away led to him being caught again, and he faced new charges.

Verdict Summary

The court decided that a furlough is a reward for good behavior in jail and isn't something you can demand. Because Amar Pal kept breaking the rules, the court decided not to give him a break from jail.

"A furlough is a reward for good behavior in jail and can't be demanded as a right."

Future Applications

The court mentioned that Amar Pal could ask for a break in the future, but any request would be looked at carefully.

This decision shows how important it is to behave well and follow the rules if prisoners want a break from jail.