VICKY @ GOBIND vs STATE (NCT OF DELHI)

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th April, 2026 + W.P.(CRL) 1389/2026 VICKY @ GOBIND .....Petitioner Through: Mr. Anup Kumar Das with Ms. Prachi Sharma and Ms. Ishita Singh, Advocates. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Sanjay Lao, Standing Counsel (Crl.) for State with SI Rohit, PS Uttam Nagar. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is serving life sentence. 2. His such sentence has already attained finality as he has not filed any Special Leave Petition before Hon’ble Supreme Court. 3. 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. 4. 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 Signature Not Verified W.P.(CRL) 1389/2026 1 Digitally Signed By:SONIA THAPLIYAL Signing Date:29.04.2026 19:14:04 parole. 5. 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. 6. As per oral instructions, which the petitioner has received from