Delhi HC asks Tihar to consider granting furlough to man: Punishment should reform, not eradicate personality

“The appellant is not in the prime of his life. His best years — when he could have seen a budding family and participated in the thrill of a new life as a grandfather — have gone by,” the bench observed.

“He is not a lifer; no doubt the crimes he was convicted of were serious and he, therefore, received his just desserts so to speak. Yet, he is not beyond redemption,” it added.

The bench was hearing Sudhir Sharma’s appeal against the single bench order, which had dismissed his plea to quash the decision of jail authorities denying him furlough. Sharma had requested furlough in 2017 to re-establish social ties with his family and society.

He was convicted in six cheating cases and is currently serving sentence at Tihar jail. He had submitted before the High Court bench that despite a satisfactory conduct, he was denied furlough on the ground that he is a “habitual offender”.

He had contended before the court that all the cases against him were of the same nature and had common investigating officers and witnesses, yet deliberately, different cases and chargesheets were filed at different times, with the intent of keeping him in judicial custody for long. Sharma has been in jail for more than 10 years now.

But the bench said: “No doubt, there is similarity of these offences. Yet, it would be difficult to characterise that he was a habitual offender…”

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