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2083 DAILYLAW 3 (DEL)

MD. IKHLAQ @ ASIF v. STATE OF NCT OF DELHI

W.P.(CRL)/2083/2026 · 2026-07-20

Girish Kathpalia

Writ Petition (Criminal)body2083

Judgment text

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W.P.(CRL) 2083/2026 Page 1 of 3 pages $~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 20.07.2026 + W.P.(CRL) 2083/2026, CRL.M.A. 20867/2026 & 20868/2026 MD. IKHLAQ @ ASIF .....Petitioner Through: Mr. Zeeshan Diwan, Advocate (through video conferencing). versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Yasir Rauf Ansari, ASC. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T 3. Broadly stated, by order dated 10.04.2026, the Competent Authority directed release of the petitioner on furlough for a period of two weeks (ORAL) 1. Petitioner has assailed order no. F.10(3576761)/CJ/Legal/ PHQ/2026/4385 dated 19.06.2026 whereby, request of the petitioner for modification of furlough order dated 10.04.2026 was rejected by the Competent Authority. 2. Learned ASC accepts notice and formally objects to this petition. GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb483 5d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2e ee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.07.20 17:22:22 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:20.07.2026 17:43:19 Signature Not Verified W.P.(CRL) 2083/2026 Page 2 of 3 pages subject to certain conditions including furnishing of two sureties of Rs.10,000/- each with a personal bond in the like amount. 4. It is submitted by the learned counsel for petitioner that earlier also, the petitioner was released on furlough subject to furnishing two sureties and he could avail that benefit, but now one of those sureties has passed away and the other surety is not willing to come forward. 5. In response to a specific query, learned ASC submits that the petitioner has already spent 13 years and 03 months in jail. 6. Going by the period already spent by the petitioner in jail, it does not appear that the petitioner would jump furlough if this petition is allowed. Keeping in mind the purpose and philosophy behind the reformatory tools like bail, parole and furlough, the petitioner, in my view can be granted benefit as sought in this petition. 7. Accordingly, the petition is allowed, thereby modifying condition no.1 of the furlough order dated 10.04.2026 to the extent that the petitioner shall be released on furlough subject to his giving a personal bond in the sum of Rs.10,000/- without any surety. Rest of the conditions of the furlough order shall remain as it is. Consequently, the impugned order dated 19.06.2026 stands set aside. GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f9 7626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee6040 2c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.07.20 17:22:50 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:20.07.2026 17:43:19 Signature Not Verified W.P.(CRL) 2083/2026 Page 3 of 3 pages 8. The accompanying applications also stand disposed of. 9. Copy of this order be sent to the concerned Jail Superintendent. GIRISH KATHPALIA (JUDGE) JULY 20, 2026/ry GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4a fec45569af3962c6fb4835d435f97626ca cca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5 d15570996b40f80cbd2eee60402c48796 5ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.07.20 17:23:06 +05'30' By:RAHUL YADAV Signing Date:20.07.2026 17:43:19