$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 684/2025 DINESH KUMAR .....Petitioner Through: Ms. Vrinda Bhandari, Ms. Shrutika Pandey and Ms. Vanshita Gupta, Advocates. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Yasir Rauf Ansari, ASC for State with Mr. Alok Sharma, Advocate with Mr. Surender Singh, Insp., PS- Vivek Vihar. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 07.08.2025 CRL.M.A. 23096/2025 (for exemption) 1. Exemption is granted, subject to all just exceptions. 2. The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing. 3. Accordingly, the application stands disposed of. CRL.M.A. 23095/2025 (seeking exemption from surrendering before the concerned jail authorities pursuant to furlough granted by this court) 4. This Court, by order dated 21st July, 2025, considered the Petitioner’s request for grant of 1st spell of furlough and passed the following order: “CRL.M.A. 20809/2025 (seeking extension of furlough) 4. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (earlier Section 482 of the Code of Criminal Procedure, 19732) seeks exemption from surrendering before the 1 “BNSS” 2 “Cr.P.C.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 15:38:38 jail authorities, during the pendency of the above-captioned petition, by extending the period of furlough previously granted to the Petitioner. 5. The Petitioner was sentenced to undergo life imprisonment by the ASJ, Karkardooma Courts by order dated 30th July, 1999 in the proceedings emanating from FIR No. 117/1996, under Sections 302/354 of the Indian Penal Code, 18603 at P.S. Vivek Vihar. By order dated 5th June, 2025, passed by Director General of Prisons, Prison Headquarters, Tihar, the Petitioner was granted furlough for a period of three weeks with effect from 2nd July, 2025 to 24th July, 2025. 6. The Petitioner is scheduled to surrender on 25th July, 2025; however, he seeks exemption from such surrender, on account of the medical condition of his son, who is suffering from down syndrome. It is submitted that the Petitioner’s family is undergoing acute financial hardship and is presently incapable of meeting the expenses associated with the son’s medical treatment. Thus, Petitioner needs time to arrange the resources. Additionally, the Petitioner is himself suffering from multiple health issues, and his mental and psychological condition have also significantly deteriorated. Given the lack of any source of income to meet essential medical and housing expenses, the Petitioner prays for exemption from surrendering. 7. In the above circumstances, the instant application is filed seeking the following relief: “(i) Allow this application and exempt the Petitioner from surrendering before the concerned jail authorities during the pendency of the captioned Petition, by extending the period of furlough granted to the Petitioner beginning on 02.07.2025;” 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. 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. 10. In the present matter, the serious medical condition of the Petitioner’s son, combined with the family’s inability to afford his treatment, along with the Petitioner’s own health issues, constitutes sufficient grounds for such relaxation. 3 “IPC” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 15:38:38 11. Furthermore, as per the latest nominal roll, as on 24th March, 2025, the Petitioner has been in custody for 16 years, 9 months and 23 days, and has further earned a remission of 3 year, 7 months and 21 days. The Petitioner’s overall conduct as well as his jail conduct for the last one year have been found to be satisfactory. 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. 13. The Petitioner shall now directly surrender on the expiry of two weeks from 25th July, 2025, i.e., on 8th August, 2025. 14. Disposed of.” 5. By the above captioned application, the Petitioner seeks the following reliefs: “(i) Allow this application and exempt the Petitioner from surrendering before the concerned jail authorities until his consideration by the SRB; and (ii) Grant 1st spell of furlough to the Applicant during the present conviction year (beginning 31.07.2025); and (iii) Pass any such order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.” 6. The Court finds no merit in the request for exemption from surrendering before the concerned jail authorities; accordingly, the request is declined. 7. As regards grant of the 1st spell of furlough, the Petitioner’s application submitted today to the Jail Authorities be considered in accordance with law. 8 Accordingly, the application is disposed of. SANJEEV NARULA, J AUGUST 7, 2025/nk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 15:38:38