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Criminal LawDelhi High Court

Rishi Rallan vs. State GNCT of Delhi

Writ Petition (Criminal) · 2026:DHC:8788Decided 5 Oct 2026New Delhi Bench
W.P.(CRL) 2561/2026CNR: DLHC010394922026
Justice Sachin Datta

Background

The petitioner, who had been in custody for about 15 years and 11 months, applied for furlough (temporary release). The application was rejected on 17 March 2026, mainly because of a "punishment of warning" recorded against him in prison. The Nominal Roll showed otherwise satisfactory jail conduct, and the petitioner had previously been released on furlough seven times without any recorded misconduct during those releases.

Decision Breakdown

The Court noted that Standing Order No. 01/2019 was modified on 7 June 2019 so that a warning is no longer a ground for refusing furlough, a point that the Court had recorded in earlier decisions. It held that the "punishment of warning" could not validly be used to reject the first spell of furlough. The Court also considered the Delhi Prison Rules and the petitioner's clean record during earlier releases. It set aside the rejection order and directed release on furlough for 21 days, on the usual terms and conditions to the satisfaction of the Jail Superintendent.

Lesson Learnt

Prison authorities must apply the current standing orders, and a warning alone cannot be used to refuse furlough once those orders have been modified. Earlier good conduct during releases is relevant to later applications.

Rishi Rallan vs. State GNCT of Delhi – Legal Case Shots | LegalAware