71. It is also significant to note that such rule which prevents jail authorities from considering the application pending appeals to High Court exists both in relation to Parole and Furlough. Rule 1209 of the Rules disentitles the convict of regular Parole in case appeal is pending before the High Court. The refusal of parole on the ground of pending appeal before the Hon’ble Apex Court even though the rule envisages such refusal only in case the appeal is pending in the High Court came up for consideration before this Court in the case of Basant Vallabh v. State: 2020 SCC OnLine Del 723. The coordinate bench of this Court, dismissed the petition on the ground that the appeal was pending consideration before the Hon’ble Apex Court and any such grant would amount to derogation of powers. In my opinion, the ratio laid by the coordinate bench of this Court in Basant Vallabh v. State (supra) will squarely apply to the case in hand and any exercise of powers under Note 2 to Rule 1224 of the Rules by this Court for the purpose of grant of furlough, pending an appeal before the Hon’ble Apex Court, would amount to derogation of appellate powers of the Apex Court, which precisely has been frowned upon the Constitution Bench of the Apex Court in K.M. Nanavati (supra).”
