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3. The appellant submits that the Additional Standing Counsel for the State and Special Public Prosecutor for CBI opposed the petition stating that the appellant was convicted in five cases besides the one in which he is seeking furlough in and furthermore in terms of Clause 26.2 (of the Parole/Furlough Guidelines: 2010) [hereafter "the Guidelines"], a convict seeking grant of furlough should not be a "habitual offender". It is submitted that clause 24 of the Guidelines provides that a prisoner sentenced to five years or more of rigorous imprisonment and has undergone imprisonment for three years or more period excluding remission, can be released on furlough.

10. The learned single judge, in this case, rejected the petition for furlough, stating as follows:

"2. Learned Additional Standing Counsel for the State and learned Spl. PP for CBI opposing the petition state that the petitioner has been convicted in five cases besides the instant one in which he is seeking furlough and as per Clause 26.2 of the Parole/Furlough Guidelines : 2010, convict praying for grant of furlough should not be a habitual offender. Further, Clause 24 of the Guidelines says that a prisoner who is sentenced to five years or more of rigorous imprisonment and has undergone imprisonment for three years or more period excluding remission, can be released on furlough. Learned counsel for CBI relies on the decision reported as 2012 Crl.L.J. 2959 Dinesh Kumar vs. Govt. of NCT of Delhi.

3. Furlough is granted as a reward for good behaviour/conduct. Since the conduct of the petitioner is violation of the Parole/Furlough guidelines this Court finds no ground to grant furlough to the petitioner.

4. Petition is dismissed."

11. That the furlough guidelines in this case are as under:

"PAROLE/FURLOUGH GUIDELINES

24. A prisoner who is sentenced to 5 years or more or rigorous imprisonment but has undergone 3 years of imprisonment excluding remission can be released on furlough.