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Judgment
SACHIN DATTA, J. (ORAL)
The petitioner is a life convict in connection with FIR No. GSFC under Section 40,46,16(D) BSF Act, 1968.
The petitioner has already undergone 17 years of incarceration in actual custody (21 years including remission of imprisonment) in connection with the aforesaid case.
By order dated 15.09.2026 in W.P.(Crl.) 2863/2026 this Court granted furlough to the petitioner for three weeks from the date of release, pursuant to the death of the petitioner’s father on 14.09.2026. The said order recorded that his jail conduct for the past year was satisfactory and that his application for furlough was pending before the Competent Authority. He was released on 15.09.2026.
It is submitted that the furlough ends today, i.e. on 07.10.2026.
The petitioner states that the last rites of his father were concluded in Bihar on 01.10.2026. He seeks extension of furlough to complete the formalities for obtaining the death certificate and for transfer of his late father’s army pension to his mother who is 64 years old and stated to be unwell.
The purpose of furlough is to enable the petitioner to solve personal and family problems and enable him to maintain a link with society. In this regard reference may be made to observations of Supreme Court in Asfaq v. State of Rajasthan (2017) 15 SCC 55 which are as follows: -
“18.The provisions of parole and furlough, thus, provide for a humanistic approach towards those lodged in jails. Main purpose of such provisions is to afford to them an opportunity to solve their personal and family problems and to enable them to maintain their links with society. Even citizens of this country have a vested interest in preparing offenders for successful re-entry into society. Those who leave prison without strong networks of support, without employment prospects, without a fundamental knowledge of the communities to which they will return, and without resources, stand a significantly higher chance of failure. When offenders revert to criminal activity upon release, they frequently do so because they lack hope of merging into society as accepted citizens. Furloughs or parole can help prepare offenders for success.”
The petitioner has served a long period of imprisonment and there is no complaint about his conduct; the bereavement is recent, and the petitioner has not exhausted his annual entitlement to furlough.
Balancing the above considerations, the furlough of the petitioner is extended by a period of three weeks from the date of expiry of the present spell on the same terms and conditions as set out in the order dated 15.09.2026. The extended period shall be adjusted in the next spell of furlough admissible to the petitioner in the present conviction year.
The petitioner shall surrender before the Jail Superintendent on expiry of the extended period.
The petition is disposed of in the above terms.
Copy of this order be sent to the Jail Superintendent concerned for compliance.