Dinesh Kumar @ Khali vs State (Nct Of Delhi)
- Court
- Delhi High Court
$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28.10.2026
# CNR No.DLHC010514442026
+ W.P.(CRL) 3357/2026
DINESH KUMAR @ KHALI .....Petitioner
Through: Mr. Siddharth Yadav and Mr. Anmol
Kumar Pandey, Advocates.
versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr. Amol Sinha, ASC (Criminal)
along with Mr. Kshitiz Garg, Mr.
Anshul Sharma, Mr. Nitish Dhawan
and Mrs. Chavi Lazarus, Advocates.
SI Jug Pravesh, PS Mangol Puri.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
SACHIN DATTA, J. ( Oral .)
1. The petitioner, who is an inmate of Central Jail No.2, Tihar, New
Delhi, serving his sentence of life imprisonment, seeks issuance of a writ in
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the nature of mandamus, granting him a third (3 ) spell of furlough for a
period of two (2) weeks in FIR No. 185/2012, registered at P.S. Mangolpuri,
under Sections 302/34 of the Indian Penal Code, 1860, and Sections
25(1B)(a)/27(1) of the Arms Act, 1959.
2. Issue notice.
3. Learned counsel, as aforesaid, accepts notice on behalf of the State.
4. It transpires that on an application preferred by the petitioner, the
Competent Authority (Prisons), vide order F.10(3715167)/ CJ/ Legal/ PHQ/
W.P.(CRL.)3357/2026 Page 1 of 6
Signature Not Verified
Digitally Signed
By:CHINU LUTHRA
Signing Date:29.10.2026
16:26:06
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2026/ 7657, dated 08.10.2026, granted to the petitioner the second (2 ) spell
of furlough. The said order reads as under:
5. In terms thereof, the said period of furlough is about to expire, and it
is submitted that the petitioner is required to surrender on 30.10.2026.
6. By an application dated 16.10.2026, addressed to (i) the Director
General, Prisons, Prison Head Quarter, Central Jail Tihar, and (ii) the
W.P.(CRL.)3357/2026 Page 2 of 6
Signature Not Verified
Digitally Signed
By:CHINU LUTHRA
Signing Date:29.10.2026
16:26:06
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Superintendent, Central Jail No. 2, Tihar, the petitioner sought a third (3 )
spell of furlough for two weeks on the ground that the petitioner’s minor son
is suffering from Mesenteric subcentimetric lymphadenopathy with
persistent abdominal pain, nausea and fever, and that the petitioner needs to
take care of his son and has to arrange for proper treatment. The said
application has been appended as Annexure P-1 to the present petition.
7. Learned counsel for the petitioner, apart from reiterating the serious
medical condition of the petitioner’s son, also submits that there is no adult
member in the family who can arrange suitable treatment.
8. The legal position is well settled that the grant of furlough is a
humanistic measure. The same has been affirmed by the Supreme Court in
Asfaq v. State of Rajasthan , (2017) 15 SCC 55 , in the following terms:
“ 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 . ”
(emphasis supplied)
9. The aforesaid observation can be noted against the objectives of
parole and furlough enunciated in Rules 1197 and 1200 of the Delhi Prison
Rules, 2018, which are extracted hereunder:
“ 1197. Parole and Furlough to inmates are progressive measures of
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Digitally Signed
By:CHINU LUTHRA
Signing Date:29.10.2026
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correctional services. The release of a prisoner on parole not only
saves him from the evils of incarceration but also enables him to
maintain social relations with his family and community . It also helps
him to maintain and develop a sense of self-confidence. Continued
contact with family and the community sustains in him a hope for life.
The release of prisoner on furlough motivates him to maintain good
conduct and remain disciplined in the prison. ”
“ 1200. The objectives of releasing a prisoner on parole and furlough
are:
i. To enable the inmate to maintain continuity with his family life and
deal with familial and social matters ,
ii. To enable him to maintain and develop his self-confidence,
iii. To enable him to develop constructive hope and active interest in
life,
iv. To help him remain in touch with the developments in the outside
world,
v. To help him remain physiologically and psychologically healthy,
vi. To enable him to overcome/recover from the stress and evil effects
of incarceration, and
vii. To motivate him to maintain good conduct and discipline in the
prison... ”
(emphasis supplied)
10. Qua the question of extension of furlough, reference may be made to
the judgment, dated 21.07.2025, of the Coordinate Bench of this Court in
Dinesh Kumar versus State of NCT of Delhi , W.P (Crl.) 684/2025 ,
wherein it has been observed as under:
“ 8. The Court has considered the submissions advanced by the
Petitioner. Owing to the absence of any statutory provision for
extension of furlough, the Court is unable to accede to the Petitioner’s
request. In this background, Ms. Vrinda Bhandari, counsel for the
Petitioner, on instructions, submits that instead the Petitioner be
released on second spell of furlough and accordingly, seeks relaxation
of Rule 13 of Standing Order 01/2019.
9. The Respondents have highlighted the mandatory one-month
interval between two furloughs as stipulated under Point 13 of
Standing Order No. 01/2019 , issued by the Prison Headquarters.
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Signature Not Verified
Digitally Signed
By:CHINU LUTHRA
Signing Date:29.10.2026
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However, it is pertinent to note that Point 13 also permits relaxation
of this requirement by the Competent Authority in cases involving
emergent circumstances, including medical conditions affecting
family members .
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12. It must be noted that the provision of furlough is a benevolent one
and is designed for the welfare of prisoners. The provision has the
intent of rewarding prisoners for their good behaviour, when traces
of reformation can be seen in them. Considering that the Petitioner’s
request for furlough is based on the bona fide grounds of his son’s
deteriorating health, and in light of his own medical ailments, his
request for second spell of furlough is allowed with effect from 25th
July, 2025 on the same terms and conditions as order dated 5th June,
2025, passed by the Director General of Prisons, Prison Headquarters,
Tihar. ”
(emphasis supplied)
11. Therefore, the Standing Orders allow the relaxation of the cooling
period in case of emergent circumstances. Furthermore, various Coordinate
Benches of this Court have granted extension of furlough in multiple matters
on various grounds, including due to medical exigency, such as: Jasbir Kaur
v. State of NCT of Delhi , W.P. (Crl) 1793/2026 (19.06.2026), Ramesh
Dudhiya v. State (NCT of Delhi) , W.P. (Crl) 2916/2026 (18.09.2026), and
Pradeep Kumar @ Sonu v. State NCT of Delhi , W.P. (Crl) 2103/2026
(30.07.2026). Therefore, the legal position is also well settled that, in
appropriate circumstances, this Court is empowered to extend the period of
furlough.
12. Considering the facts and circumstances, the present petition is
allowed.
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It is directed that the petitioner shall be granted third (3 ) spell of furlough
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for a period of two weeks upon expiry of the second (2 ) spell of furlough.
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The third (3 ) spell of furlough shall be subject to the same terms and
W.P.(CRL.)3357/2026 Page 5 of 6
Signature Not Verified
Digitally Signed
By:CHINU LUTHRA
Signing Date:29.10.2026
16:26:06
conditions as set out in the previous order granting furlough.
13. The petitioner shall surrender before the concerned jail authorities on
13.11.2026.
14. The petition is disposed of in the above terms.
15. Let a copy of this order be sent to the concerned jail authorities for
necessary compliance and information.
SACHIN DATTA, J
OCTOBER 28, 2026/r
W.P.(CRL.)3357/2026 Page 6 of 6
Signature Not Verified
Digitally Signed
By:CHINU LUTHRA
Signing Date:29.10.2026
16:26:06