W.P.(CRL) 2416/2026 1 $~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010369632026 + W.P.(CRL) 2416/2026 SANJAY .....Petitioner Through: Mr. Anindya Malhotra, Ms. Ishita Sehrawat and Mr. Durgesh, Advocates. versus THE STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Sanjay Lao, Sr. Advocate with Mr. Sunil Kumar Gautam, APP for the State, Mr. Abhinav Kumar and Mr.Aryan Sachdeva, Advocates. SI Abhishek Rana, PS Dwarka North. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 25.08.2026 CRL.M.A. 24456/2026 (exemption) Exemption allowed subject to all just exceptions. W.P.(CRL) 2416/2026 1. Petitioner is aggrieved by order whereby his request for grant of furlough has been declined. The reason assigned is as under:- “1. Furlough is a reward to a convict and is at higher pedestal than jail remission granted for maintain good conduct in prison. Reward in the form of furlough couldn’t be granted to a convict merely because he has become eligible for furlough. There are several other aspects which needs to be taken into consideration before granting furlough to a convict. In the present case, with the given backdrop of the heinous crime committed by the convict with a 05 years old minor girl, it might not be in the interest of the society at large and will also send a wrong signal to the people relying on the rule of law and justice to the 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 29/08/2026 at 16:05:46 W.P.(CRL) 2416/2026 2 victim/society, if the furlough is granted in the present case.” 2. The Nominal Roll of the applicant is already before the Court and, apparently, he is eligible to seek furlough as he has already undergone three years of imprisonment after conviction and as per Nominal Roll of the petitioner, his jail conduct during last one year is recorded as satisfactory. 3. The purpose of grant of parole and furlough is benevolent one. While aiming at correctional services, it also enable them to maintain social ties with their family and community and helps them in developing a sense of self-confidence. 4. Undoubtedly, the petitioner herein has been held guilty for offence under Section 6 of Protection of Children from Sexual Offences (POCSO) Act, 2012 but that, in itself, would not mean that petitioner is precluded from availing furlough or parole. 5. Learned counsel for the petitioner strongly relies upon order dated 16.11.2023 passed in W.P.(Crl.) 2745/2023 titled Kalicharan @ Kalka Prasad vs. State of NCT of Delhi, wherein also, request for furlough had been rejected by the competent authority for the reason that he had committed a heinous offence under Section 6 of POCSO Act and this Court, after considering the fact that his jail conduct was satisfactory and that he was not involved in any other offence, granted him furlough. 6. In Sanjay Kumar Valmiki vs. State of NCT of Delhi: 2023 SCC OnLine Del 7335 also, this Court, while relying upon the observations made by the Hon’ble Supreme Court in Atbir vs. State of NCT of Delhi: 2022 SCC OnLine SC 527 has granted furlough to the accused who was convicted of a gruesome offences of having committed rape and murder of a minor. 7. Reference be also made to Puran v. State of NCT of Delhi in 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 29/08/2026 at 16:05:46 W.P.(CRL) 2416/2026 3 W.P.(CRL) 1116/2025 dated 14.10.2025 wherein this Court, while considering the prayer for grant of furlough, observed that furlough is a reformative measure intended to enable a convict to maintain his family and social ties and to discharge essential obligations. The Court observed that merely because the offence is heinous in nature, the benefit of furlough cannot be declined particularly when the convict otherwise satisfies the requisite eligibility conditions and his conduct during incarceration remains satisfactory. 8. Thus, merely, for the reason that a convict has committed a serious crime, he cannot be denied furlough. 9. Keeping in mind the overall facts of the case, subject to the verification of address of the petitioner, the petitioner is, hereby, directed to be released on furlough for a period of three weeks from the date of his release on his furnishing personal bond in a sum of Rs.10,000/- with two sureties of like amount, subject to satisfaction of learned Trial Court/CMM/Duty Magistrate with the following conditions:- i). The petitioner shall not leave the NCT of Delhi without the prior permission of this Court and shall reside at the given address. ii). The petitioner shall provide his mobile number(s) to the concerned Jail Superintendent and concerned SHO at the time of release, which shall be kept in a working condition at all times. iii). The petitioner shall appear before the SHO, Police Station Dwarka North, once a week, on every Tuesday between 11:00 AM and 11:30 AM to mark his presence. However, he shall not 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 29/08/2026 at 16:05:46 W.P.(CRL) 2416/2026 4 be kept waiting for longer than an hour for the abovesaid purpose. iv). The petitioner shall surrender before the concerned Jail Superintendent on the expiry of the period of three weeks from the date of his release. 10. The petition stands disposed of in aforesaid terms. 11. A copy of this order be sent to Jail Superintendent for necessary information and compliance. MANOJ JAIN, J AUGUST 25, 2026/st/js 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 29/08/2026 at 16:05:46