Sonu alias Amar v. State of Haryana and Ors., 2025
The principle that “man is a fighting creature,” reinforcing that crime is inevitable and laws (including prisons) are essential to maintain order.
Judgement Details
Court
Punjab and Haryana High Court
Date of Decision
23 August 2025
Judges
Justice Sandeep Moudgil
Citation
Acts / Provisions
Facts of the Case
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The petitioner, Sonu alias Amar, was convicted for murder committed with the intent to collect ransom.
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He is serving a life sentence, and his appeal was dismissed in 2012.
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He filed a writ petition seeking four weeks of furlough, claiming arbitrary denial by the prison authorities.
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The petitioner had previously availed parole/furlough 16 times under the Parole Act, 2012.
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His latest application was rejected under the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, specifically under Section 3(4).
Issues
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Whether furlough is a right or a discretionary relief?
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Whether a "hardcore prisoner" like the petitioner is entitled to furlough under the 2022 Act?
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Whether the rejection of furlough was arbitrary, thus violating constitutional protections?
Judgement
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The Court dismissed the writ petition, stating the rejection of furlough was lawful and not arbitrary.
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It emphasized that furlough is a discretionary benefit, not an absolute right.
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It clarified that prison authorities were right in applying Section 3(4) to deny furlough to hardcore prisoners like the petitioner.
Held
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The petitioner does not qualify for furlough under the 2022 Act due to:
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The nature of the crime (murder + ransom).
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His classification as a hardcore prisoner.
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No vested right exists for prisoners to demand furlough—it's a concession.
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Therefore, the petition was dismissed, and no relief was granted.
Analysis
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The Court differentiated between parole and furlough:
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Parole is granted for urgent personal needs (e.g., family emergencies).
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Furlough is a concession without need-based justification, intended for good conduct and rehabilitation.
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However, furlough can be denied, especially when public safety or legal disqualifications are involved.
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The Judge emphasized the importance of balancing prisoner rehabilitation with societal security.
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The principle that “man is a fighting creature,” reinforcing that crime is inevitable and laws (including prisons) are essential to maintain order.
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It affirmed that the institution of prison is vital to uphold peace, security, and law & order in society.
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It highlighted that statutory exclusions, like Section 3(4), must be strictly adhered to by authorities.