Dal Chand vs State (Nct Of Delhi) & Anr.

$~109
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Date of Decision : 05.11.2026
# CNR No.DLHC010539512026
+ W.P.(CRL) 3505/2026, CRL.M.A. 35113/2026, CRL.M.A.
35114/2026

DAL CHAND .....Petitioner
Through: Ms. Sowjhanya Shankaran, Mr.
Siddharth Satija, Ms. Hrutika Pandey,
Mr. Arjun Chopra, Ms. Ragini
Nagpal, Mr. Rahul, Ms. Charu Sinha,
Mr. Akash Sachan, Ms. Anuka
Bachawat, Ms. Akanksha Bisht and
Mr. Raghav Gupta, Advocates.
versus

STATE (NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Rahul Tyagi, ASC (Criminal)
along with Mr. Sangeet Sibon, Adv.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA

SACHIN DATTA, J. ( ORAL )


1. The petitioner is serving a sentence of rigorous imprisonment for life
after being convicted under Section 364-A read with Section 120-B of the
Indian Penal Code, 1860 (‘IPC’) in FIR No. 179/2011, registered at P.S.
Adarsh Nagar, Delhi vide judgment dated 8.07.2013 passed by the
Additional Sessions Judge, Rohini Courts, Delhi and sentenced vide order
dated 16.07.2013. His Appeal being Crl. A. 1369/2013 was dismissed by

Signature Not Verified
Digitally Signed
By:ABHISHEK THAKUR
Signing Date:05.11.2026
19:37:21
W.P.(CRL) 3505/2026 Page 1 of 4

this Court on 05.04.2018 and SLP (Crl.) No. 197/2021 was dismissed by the
Supreme Court on 07.01.2021. The Petitioner has already undergone about
fifteen years of actual imprisonment, besides earning remission of 4 years
and 27 days.
2. The petitioner was granted three weeks furlough, being the first spell
of the current conviction year, by the respondent no.2 by order dated
27.08.2026. Pursuant to the same, he was released on 21.10.2026 and is due
to surrender on 12.11.2026.
3. By way of the present petition, the petitioner seeks an extension of the
furlough on the ground that his family house is unsafe and unfit for
habitation and needs urgent repairs. His application dated 30.10.2026 for
extension/further spell of furlough is pending before the respondent no.2.
4. I have given my thoughtful consideration to the matter.

5. The legal position is well settled that the furlough is a conditional

short release which enables the prisoners to maintain family and social ties.
Reference may be made to the observations of the Supreme Court in Asfaq
vs State of Rajasthan (2017) 5 SCC 55 , which are reproduced as under:-
“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.”
6. It is noticed that the petitioner has been released on at least 14

Signature Not Verified
Digitally Signed
By:ABHISHEK THAKUR
Signing Date:05.11.2026
19:37:21
W.P.(CRL) 3505/2026 Page 2 of 4

occasions on parole or furlough and is stated to have surrendered on the due
date after every release. No misconduct was reported during any of these
releases.
7. Further, the respondent no.2 has itself found the petitioner fit for
furlough vide the order dated 27.08.2026, which has been placed on record
as Annexure P-1 to the present petition.
8. Moreover, the ground urged appears to be a genuine one inasmuch as
the family house of the petitioner is stated to be unsafe and needs repair. The
petitioner’s wife along with his aged parents and younger siblings, live in
the same house. The family is stated to have no alternative living
accommodation.
9. This Court has taken the view that in appropriate cases, it is open of
this Court to extend the period of furlough. Reference in this regard may be
made to the judgments of this Court in Jasbir Kaur v. State of NCT of
Delhi, W.P. (CRL) 1793/2026 (decided on 19.06.2026), Ramesh Dudhiya v.
State (NCT of Delhi), W.P. (CRL) 2916/2026 (decided on 18.09.2026) , and
Pradeep Kumar@ Sonu v. State of NCT of Delhi , W.P. (CRL) 2103/2026
(decided on 30.07.2026)
10. Learned counsel for the petitioner submits that extension of furlough
be adjusted against his entitlement for the current conviction year.
11. Accordingly, the present petition is allowed; the furlough of the
petitioner is extended by two weeks. He shall surrender before the
concerned Jail Superintendent on 26.11.2026. The extended period of
furlough shall be adjusted against the petitioner’s furlough entitlement for
the current conviction year. All conditions of the order dated 27.08.2026
shall continue to operate during the extended period of furlough.

Signature Not Verified
Digitally Signed
By:ABHISHEK THAKUR
Signing Date:05.11.2026
19:37:21
W.P.(CRL) 3505/2026 Page 3 of 4

12. A copy of this order be forwarded to the Superintendent, Central Jail
No. 2, Tihar for information and compliance.
13. The petition and the pending applications stand disposed of in the
above terms.

SACHIN DATTA, J
NOVEMBER 5, 2026/r, nb


Signature Not Verified
Digitally Signed
By:ABHISHEK THAKUR
Signing Date:05.11.2026
19:37:21
W.P.(CRL) 3505/2026 Page 4 of 4