[Cites 2, Cited by 0]
Delhi High Court
Mahipal@Lala vs State Of Nct Of Delhi on 28 January, 2026
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 28.01.2026
+ W.P.(CRL) 283/2026 & CRL.M.A. 2772/2026
MAHIPAL@LALA .....Petitioner
Through: Mr. Rakesh Tanwar and Ms. Sanjana
Gupta, Advocates (DHCLSC)
versus
STATE OF NCT OF DELHI .....Respondent
Through: Mr. Arijit Sharma, Advocate for the
State with Inspr. Rajesh Malik and SI
Sangeeta, PS S.B. Dairy
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. Petitioner has assailed rejection of his request for grant of first spell of
furlough in case FIR No. 881/2014 of PS Shahbad Dairy for offence under
Section 6 POCSO Act and Section 506 IPC. Learned counsel for respondent
accepts notice.
2. Broadly speaking, the furlough request was declined by way of order
dated 10.12.2025 on the ground that the petitioner had unsatisfactory jail
conduct. The reason behind recording the conduct of the petitioner
W.P.(CRL) 283/2026 Page 1 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4a
fec45569af3962c6fb4835d435f97626cac
ca, ou=HIGH COURT OF DELHI,CID -
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
d15570996b40f80cbd2eee60402c48796
5ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.28 17:04:40 -08'00'
Digitally Signed
By:NEETU N NAIR
Signing Date:28.01.2026
17:20:47
unsatisfactory was two fold. Firstly, the petitioner surrendered after
completion of earlier furlough with a delay of one day. Secondly, the
petitioner was found under intoxication on 19.02.2025 and his urine test
reflected positive for BZO and THC.
3. So far as delay of one day in surrendering after the earlier furlough
period, the same was on account of calculation error as per learned counsel
for petitioner. So far as the allegation of intoxication, the substances BZO
and THC form part of the chest decongestant syrups and even otherwise,
admittedly no inquiry was conducted to find out how an intoxicant entered
the jail.
4. Moreover, for the alleged two misconducts, the petitioner has already
been punished. So, denying him furlough would be double jeopardy.
5. After part submissions, both sides agree that the impact of the said
punishments would expire on 19.02.2026, after which the petitioner would
be entitled to make fresh application for furlough. That being so, as
suggested by both sides, the present petition is disposed of, directing the
respondent to treat the present petition as fresh application for furlough and
dispose of the same within four weeks from today. At request of learned
counsel for petitioner, it is made clear that if the present petition as fresh
furlough request is not decided by the concerned authority within four weeks
from today, the petitioner shall be at liberty to file fresh petition in this
Court, without first approaching the concerned authority again.
W.P.(CRL) 283/2026 Page 2 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965f
Digitally Signed f801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.28 17:04:29 -08'00'
By:NEETU N NAIR
Signing Date:28.01.2026
17:20:47
6. Copy of this order be sent to the concerned Jail Superintendent for
compliance. Pending application also stands disposed of.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.28 17:04:16 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 28, 2026/rs
W.P.(CRL) 283/2026 Page 3 of 3 pages
