Dinesh Kumar @ Dinesh v. State Govt Of NCT Of Delhi & ANR.

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3063/2025 DINESH KUMAR @ DINESH .....Petitioner Through:

Ms. Vrinda Bhandari, Ms. Vanshita Gupta, Ms. Shrutika Pandey and Ms.

Ragini Nagpal, Advocates.

versus STATE GOVT OF NCT OF DELHI & ANR ......Respondents Through:

Mr. Sanjeev Bhandari, ASC for the State along with Mr. Arjit Sharma, Ms. Sakshi Jain, Advocates and SI Sumeet Ponia, PS Vivek Vihar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 19.09.2025 CRL.M.A. 28311/2025 & CRL.M.A. 28312/2025 (Exemptions) 1.

Exemptions are granted, subject to all just exceptions. 2.

The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing. 3.

Accordingly, the applications stand disposed of. CRL.M.A. 28310/2025 (Seeking directions) 4.

The Petitioner is a convict serving life sentence in FIR No. 117/1996, registered at P.S. Vivek Vihar under Sections 302 and 354 of the Indian The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Penal Code, 18601. His case is currently pending consideration for premature release by the Sentence Review Board2, in terms of the directions issued by this Court on 30th July, 2025 in W.P.(CRL) 684/2025. 5.

It is noted that during the pendency of W.P.(CRL) 684/2025, which sought premature release and quashing of the minutes of the SRB meeting dated 21st December, 20233, the Petitioner was granted sufficient liberties, by releasing him on furlough and parole on multiple occasions, the details of which are as follows:

Date Details This Court extended the Petitioner's exemption from 27th February, surrender until 14th March, 2025.

9th April, 2025 The Court granted parole for a period of three weeks. The Petitioner surrendered on 30th April, 2025. 21st July, 2025 The Court granted furlough for two weeks, from 25th July, 2025 to 8th August, 2025. The Petitioner surrendered on 8th August, 2025.

21st August, The Court granted custody parole for two days, i.e., on 22nd August, 2025 and 25th August, 2025.

1st September, Furlough was granted by the concerned jail authorities from 3rd September, 2025 to 25th September, 2025. The Petitioner is currently out on this furlough. 6.

Be that as it may, the writ petition (W.P.(CRL) 684/2025) has since been disposed of and the SRB has been directed to reconsider the 1 "IPC"

2 "SRB"

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Petitioner's case afresh.

7.

In the meantime, the new conviction year for the Petitioner commenced on 31st July, 2025. He is currently availing the first spell of furlough for this new conviction year, which is set to expire on 25th September, 2025. The Petitioner now seeks exemption from surrendering, solely on the ground that his application is to be reconsidered by the SRB. 8.

In the opinion of this Court, direction issued to SRB for reconsideration does not confer an indefeasible right upon the Petitioner to be exempted from surrendering. If the Petitioner is entitled to parole or furlough based on his period of custody, request must be made to the State. Needless to say, any such request will have to be considered strictly in accordance with the Delhi Prison Rules, 2018, which also stipulate mandatory time intervals between the date of last surrender and the fresh release on furlough.

9.

In view of the above, the Court finds no legal basis to exempt the Petitioner from surrendering solely on the ground that the SRB is reconsidering his case.

10.

With the above observations, the present petition is dismissed. SANJEEV NARULA, J SEPTEMBER 19, 2025/MK 3 "the impugned minutes"

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