Disposed¶9

Vicky @ Gobind v. State (Nct of Delhi)

Delhi HC29 Apr 2026W.P.(CRL)/1389/2026

Case brief

AI extract

What is this about?

furlough; parole; co-convict; simultaneous furlough ordinarily not permissible; Note-1 to Rule 1224; Rules 1220 to 1243 Delhi Prison Rules 2018; no complete prohibition or embargo; incentive for good conduct; third spell of furlough; order dated 18.03.2026; release within three days; daughter's school admission class 11; life sentence attained finality; W.P.(CRL) 1389/2026; Manoj Jain; decided 29.04.2026.

What did the court decide?

Direction to the competent authority/Superintendent, Jail to release the petitioner within three days for the third spell of furlough for a period of two weeks, in terms of order dated 18.03.2026. ¶9

Vicky @ Gobind Vs State (Nct of Delhi) — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the competent authority/Superintendent, Jail to release the petitioner within three days for the third spell of furlough for a period of two weeks, in terms of order dated 18.03.2026.

¶9

Issue for consideration

Whether the petitioner, whose third spell of furlough was sanctioned by order dated 18.03.2026, can be released on furlough while his co-convict is out on parole, given Note-1 to Rule 1224 of the Delhi Prison Rules, 2018.

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Court's answer

While Note-1 to Rule 1224 of the Delhi Prison Rules, 2018 makes simultaneous furlough to co-convicts ordinarily impermissible, there is no complete prohibition or embargo on releasing a co-convict on furlough if the other co-convict is already availing furlough.

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Ratio / Principle

Grant of furlough is merely an incentive for good conduct, and the fact that the co-accused is already on parole should not be a stumbling block when release on furlough is sought to secure admission for the petitioner's child.

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Detailed headnote1 paragraphs

Delhi HC (Manoj Jain, J., oral), W.P.(CRL) 1389/2026, decided 29.04.2026 — Release on sanctioned furlough despite co-convict on parole. Vicky @ Gobind, a life convict whose sentence had attained finality (no SLP filed), was granted a third spell of furlough for two weeks by order dated 18.03.2026 but was not released because a co-accused was on parole and due to surrender on 11.05.2026. Holdings: Rules 1220–1243 of the Delhi Prison Rules, 2018 govern furlough; Note-1 to Rule 1224 makes simultaneous furlough to co-convicts ordinarily impermissible, yet there is no complete prohibition or embargo on releasing a co-convict on furlough while the other is availing furlough; furlough being merely an incentive for good conduct, the co-accused's parole should not be a stumbling block where release is sought to secure the petitioner's 16-year-old daughter's admission to Class 11. Petition disposed of with direction to the competent authority/Superintendent, Jail to release the petitioner within three days in terms of the order dated 18.03.2026.

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$~69

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 29^th April, 2026

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- W.P.(CRL) 1389/2026

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VICKY @ GOBIND .....Petitioner

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Through: Mr. Anup Kumar Das with Ms. Prachi Sharma and Ms. Ishita Singh, Advocates.

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versus

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STATE (NCT OF DELHI) .....Respondent Through: Mr. Sanjay Lao, Standing Counsel (Crl.) for State with SI Rohit, PS Uttam Nagar.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

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Petitioner is serving life sentence.

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His such sentence has already attained finality as he has not filed any Special Leave Petition before Hon’ble Supreme Court.

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Petitioner was granted third spell of furlough for a period of two weeks by the competent authority vide order dated 18.03.2026. However, he has yet not been released on furlough for the reason that his one co-accused is already out on parole for a period of four weeks and is scheduled to surrender on 11.05.2026.

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Learned counsel for petitioner submits that petitioner is seeking furlough to ensure that his daughter is in a position to get admission in a school. She is 16 years of age and is now seeking admission in class 11. Petitioner also apprehends that since wife of his co-convict is not keeping well, there is every likelihood that his co-convict may seek extension of

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Signature Not Verified

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W.P.(CRL) 1389/2026

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Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 9.04.2026 19:14:04

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parole.

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Rules 1220 to 1243 of Delhi Prison Rules, 2018 deal with furlough and as per Note-1 attached to Rule 1224, simultaneous furlough to co-convict is, ordinarily , not permissible. Thus, apparently, there is no complete prohibition or embargo in releasing any such co-convict on furlough if the other co-convict is already availing furlough.

¶21

As per oral instructions, which the petitioner has received from the wife of petitioner, presently, the daughter of petitioner is studying in New Holy Public School, Uttam Nagar and, now, they are desirous of seeking her admission, preferably, in Kamal Public School, Vikas Puri .

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Nominal Roll has also been requisitioned.

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Grant of furlough is, merely, an incentive for good conduct and the fact that co-accused is already on parole, should not be a stumbling block when it comes to securing admission for his child.

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In view of the above, the present petition is disposed of with direction to the competent authority/Superintendent, Jail to release the petitioner within three days for third spell of furlough for a period of two weeks, in terms of order dated 18.03.2026.

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The petition stands disposed of in aforesaid terms.

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(MANOJ JAIN) JUDGE

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APRIL 29, 2026 st/pb

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Signature Not Verified

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W.P.(CRL) 1389/2026

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Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 9.04.2026 19:14:04

Vicky @ Gobind v. State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

Vicky @ Gobind v. State (Nct of Delhi)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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