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Rahul @ Puneet vs. State NCT of Delhi

Writ Petition (Criminal) · 2026:DHC:8793Decided 5 Oct 2026New Delhi Bench
W.P.(CRL) 2880/2026CNR: DLHC010442752026
Justice Sachin Datta

Background

The petitioner had served about 16 years and 4 months in custody and had been granted nine spells of furlough since 2016. A furlough application was rejected by an order dated 4 August 2026 that relied on a disciplinary "punishment" dated 13 April 2026 for misbehaviour toward a jail official. The Nominal Roll showed that this punishment was only a warning.

Decision Breakdown

The Court held that the rejection order failed to consider Standing Order No. 01/2019, as modified on 7 June 2019, which removes a warning as a ground for refusing furlough. The Court noted that the respondent did not dispute that the reasons in the impugned order could not be a valid bar to furlough. It set aside the 4 August 2026 order and directed the petitioner's release on furlough for two weeks, on the usual terms and conditions.

Lesson Learnt

Disciplinary warnings do not, under the current standing order, bar a prisoner from furlough. Authorities must check the latest modified rules before refusing an application.

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