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2025 DAILYLAW 5369 (DEL)

TOBIR AHMED v. STATE OF NCT OF DELHI

W.P.(CRL)/3640/2025 · 2026-07-15

Purushaindra Kumar Kaurav

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3640/2025 TOBIR AHMED .....Petitioner Through: Mr. Anuj Kapoor, Adv. versus STATE OF NCT OF DELHI .....Respondent Through: None. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 15.07.2026 1. The petitioner’s application for furlough was rejected while relying on Rule 1224(iii) of the Delhi Prison Rules, 2018. 2. Mr. Anuj Kapoor, learned counsel appearing for the petitioner, however, submits that in view of the three decisions of this Court in W.P.(C) 1481/2205, W.P.(C) 293/2024 and W.P.(C) 2015/2025 and on account of uncertainty with respect to the surrender date owing to Covid 19 etc., the petitioner could not timely surrender. It is his submissions that the delay in surrender should not be the sole reason to deny the benefit of furlough. 3. The Court finds that vide impugned order, the petitioner’s request for furlough has been rejected merely on the ground that the petitioner was released on emergency parole w.e.f. 17.05.2021 to 15.08.2021 which was extended till 06.04.2023 whereas, the petitioner was re-arrested on 20.07.2024. 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 17/07/2026 at 11:54:47 4. The Court thus finds that if under almost similar circumstances, the Courts have considered the aspect of uncertainty being sufficient cause to explain delay in surrender, the same should be looked into by the concerned authorities while passing a fresh order on the petitioner’s application for furlough. 5. Let the petitioner reapply. Let the respondent to reconsider the same and to pass a fresh order with due expedition, keeping in mind the Standing Order dated 1/2019 issued by the Director General of Prisons, GNCTD. 6. Petition stands disposed of. 7. All rights and contentions of the parties are left open. 8. If the grievance of the petitioner still persists, the petitioner shall be at liberty to file a fresh petition. PURUSHAINDRA KUMAR KAURAV, J JULY 15, 2026/P/SS 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 17/07/2026 at 11:54:47