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High Court of DelhiW.P.(CRL)/294/2026

Mahesh Sharma v. State (Govt. Of NCT Of Delhi) & ANR.

2026-01-28Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~84 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 294/2026 MAHESH SHARMA .....Petitioner Through:

Mr. Vishesh Wadhwa, Ms. Swadha Gupta and Mr.

Aditya Singh, Advocates.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

.....Respondents Through:

Ms. Rupali Bandhopadhya, ASC for the State.

SI Sunil Chandra, P.S.: Ambedkar Nagar.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 28.01.2026 CRL.M.A. 2835/2026 (exemption) Exemption granted, subject to just exceptions. The application stands disposed of.

W.P.(CRL) 294/2026 By way of the present writ petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks extension of furlough granted to him by order dated 07.01.2026 made by the competent authority. However, order dated 07.01.2026 is not on record.

W.P.(CRL) 294/2026 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 06/02/2026 at 13:25:54

2.

Ms. Swadha Gupta, learned counsel appearing for the petitioner submits, that convicts are not given a copy of the furlough order, but only a slip confirming that they have been granted furlough, which slips also mentions the date of surrender.

3.

Admittedly, the petitioner has not filed for extension of furlough before the competent authority, which granted him furlough in the first place.

4.

Ms. Gupta submits, that the petitioner is required to surrender back to custody on 29.01.2026.

5.

Be that as it may, as of now, there is no order by the competent authority declining extension of furlough. In these circumstances, this court is not inclined to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India in the matter. 6.

The petition is accordingly dismissed.

7.

However, the petitioner will be at liberty to approach the competent authority to seek relief, as may be required, in accordance with law. 8.

Needless to add that the petitioner shall be entitled to invoke his remedies before this court, once a decision is taken by the competent authority.

ANUP JAIRAM BHAMBHANI, J JANUARY 28, 2026 ss W.P.(CRL) 294/2026 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 06/02/2026 at 13:25:54