Kamal Kumar v. State NCT Of Delhi

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3565/2025 KAMAL KUMAR .....Petitioner Through:

Mr. Sunil Upadhyay, Mr. R.K.

Bhalla, Advocates versus STATE NCT OF DELHI .....Respondent Through:

Mr. Sanjay Lao, Standing Counsel for the State with SI Nitesh, PS Mukherjee Nagar

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 03.11.2025 1.

The Petitioner is a convict, presently serving life sentence in FIR No. 369/1995, at PS. Mukherjee Nagar, for the offences under Sections 302/34 of the Indian Penal Code, 1860. He seeks grant of first spell of furlough for a period of three weeks by setting aside impugned order dated 15th October, 2025 passed by the Respondent rejecting his application. 2.

As per the latest nominal roll, the Petitioner has been in custody for 14 years, 2 months and 22 days as on 1st October, 2025, and has earned remission of 2 years, 5 months and 22 days. His conduct for the last one year as well as his overall jail conduct have been reported to be satisfactory. 3.

The Petitioner's request for furlough was rejected by the impugned order dated 15th October, 2025, on the ground that the mandatory interval of one month between parole and furlough, as stipulated under Rule 1212 of W.P.(CRL) 3565/2025 Page 1 of 2 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 06/11/2025 at 11:59:41

the Delhi Prisons Rules, 2018, had not elapsed. Counsel for the Petitioner submits that the Petitioner had surrendered and returned to custody on 15th September, 2025. Consequently, as on the date of the impugned order, the requisite period of one month had already expired. Irrespective, as on date, this condition cannot apply.

4.

In view of the above, the Petitioner's application for furlough is allowed. The impugned order No. F.10(3570750)/CJ/Legal/2025/6831 dated 15th October, 2025, passed by the Respondent rejecting the Petitioner's furlough application, is set aside. The Petitioner is hereby granted furlough for a period of three weeks, subject to the same terms and conditions as imposed vide earlier order dated 21st August, 2025, issued by the Office of the Director General (PHQ), Tihar Jail, Janakpuri, New Delhi, bearing No. F.10(3570750)/CJ/Legal/PHQ/2025/4843.

5.

With the above directions, the present petition stands disposed of. 6.

Copy of the order be sent to the Jail Superintendent for information and necessary compliance.

SANJEEV NARULA, J NOVEMBER 3, 2025/ab W.P.(CRL) 3565/2025 Page 2 of 2 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 06/11/2025 at 11:59:41