HC: Can consider convicts' parole if SC appeal pending

The Delhi high court on Tuesday held that convicts can be considered for parole or furlough even while their appeals against conviction are pending before the Supreme Court, clarifying the interpretation of the Delhi government's prison regulations on the matter.

- Shruti Kakkar

A bench of justices Prathiba M Singh and Amit Sharma ruled that the Delhi Prison Rules, 2018, do not bar such temporary release when a case is pending before the apex court—countering the stance of prison authorities.

The judgment came in a batch of petitions referred by a single judge in 2023, asking the division bench to clarify whether Note 2 of Rule 1224 of the Delhi Prison Rules applies to cases where appeals are pending before the Supreme Court. The rule restricts the executive from releasing convicts on furlough during the pendency of an appeal before the “high court”.