Depriving Furlough To Convict Undergoing Long Term Imprisonment Is Counterproductive To Reformative Approach: Delhi High Court

The Delhi High Court has observed that depriving furlough to a convict, who is undergoing long term imprisonment, would be counterproductive to the reformative approach and would also take away the motivation to maintain good conduct inside the jail.

Justice Amit Bansal said that only on the basis that the convict has committed a gruesome crime many years ago, it cannot be said that the individual’s temporary release on furlough would be against the interest of the society.

“There cannot be any presumption that the said convict will again commit a similar crime or create law and order problem in the society. There is no gainsaying that the furlough is granted to a convict undergoing long term imprisonment and long term imprisonment is awarded only in cases where gruesome crimes have been committed,” the court said.

Justice Bansal made the observations while granting furlough for two weeks to a man serving life imprisonment after being convicted for rape and murder of a minor.

The convict, Sanjay Kumar Valmiki, was awarded death sentence. However, the High Court ordered re-trial in the matter and he was awarded life sentence which was upheld by the High Court.

Valmiki’s application seeking grant of furlough was rejected by the authorities in October last year.

“As per the nominal roll dated 8th November, 2022, the petitioner has undergone sentence of 11 years and 3 months. Another year has passed by since then. Therefore, the total period of incarceration of the petitioner is around 12 years. A perusal of the nominal roll would also show that the conduct of the petitioner in Jail has been satisfactory and there is no other case pending against the petitioner. Taking into account the aforesaid facts and circumstances, in my considered view, the petitioner is entitled to grant of furlough,” the court said.

Counsel for Petitioner: Mr. Faraz Maqbool (DHCLSC) and Ms. Chinmayi Chatterjee, Advocates

Counsel for Respondent: Mr. Sanjeev Bhandari, ASC for State with Mr. Kunal Mittal, Mr. Arjit Sharma and Ms. Rishika, Advocates

Title: SANJAY KUMAR VALMIKI v. STATE OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 1156

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