Dismissed¶31

Dinesh Kumar @ Dinesh v. State Govt of NCT of Delhi & Anr.

Delhi HC19 Sept 2025W.P.(CRL)/3063/2025

Case brief

AI extract

What is this about?

Premature release; Sentence Review Board (SRB) reconsideration; exemption from surrender after furlough expiry; life convict FIR 117/1996 P.S. Vivek Vihar; Sections 302 and 354 IPC; W.P.(CRL) 684/2025 directions dated 30.07.2025; SRB minutes dated 21.12.2023; Delhi Prison Rules, 2018 mandatory intervals between surrender and fresh furlough; parole/furlough request to the State; petition dismissed by Sanjeev Narula, J. on 19.09.2025.

What did the court decide?

A direction issued to the SRB for reconsideration does not confer an indefeasible right upon the Petitioner to be exempted from surrendering. ¶29

Dinesh Kumar @ Dinesh Vs State Govt of NCT of… — Murder and Culpable Homicide | Delhi HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶31

Issue for consideration

Whether the pendency/reconsideration of the Petitioner's premature-release application before the Sentence Review Board entitles him to exemption from surrendering on the expiry of his current spell of furlough.

¶28

Court's answer

A direction issued to the SRB for reconsideration does not confer an indefeasible right upon the Petitioner to be exempted from surrendering.

¶29

Ratio / Principle

Any claim to parole or furlough based on the period of custody must be made to the State and will have to be considered strictly in accordance with the Delhi Prison Rules, 2018, which stipulate mandatory time intervals between the date of last surrender and fresh release on furlough.

¶29

Key takeaways

There is no legal basis to exempt the Petitioner from surrendering solely on the ground that the SRB is reconsidering his case.ratio¶30

Detailed headnote1 paragraphs

Delhi High Court (Sanjeev Narula, J.; decision dated 19.09.2025) dismissed W.P.(CRL) 3063/2025 filed by Dinesh Kumar @ Dinesh, a convict serving a life sentence in FIR No. 117/1996 (P.S. Vivek Vihar) under Sections 302 and 354 IPC. The Petitioner, then out on furlough expiring 25th September, 2025, sought exemption from surrendering solely because his premature-release case was pending reconsideration before the Sentence Review Board pursuant to this Court's directions dated 30th July, 2025 in W.P.(CRL) 684/2025 (whereby the SRB minutes dated 21st December, 2023 - 'the impugned minutes' - were directed to be reconsidered afresh). Held: (i) a direction to the SRB for reconsideration confers no indefeasible right to exemption from surrender; (ii) any entitlement to parole or furlough based on custody must be pursued with the State and dealt with strictly under the Delhi Prison Rules, 2018, which mandate time intervals between last surrender and fresh furlough; (iii) hence no legal basis existed for exemption. The interim exemption applications (CRL.M.A. 28311/2025 & 28312/2025) were disposed of granting exemptions subject to just exceptions; the main petition was dismissed.

¶1

$~73

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 3063/2025

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DINESH KUMAR @ DINESH .....Petitioner

¶5

Through: Ms. Vrinda Bhandari, Ms. Vanshita Gupta, Ms. Shrutika Pandey and Ms. Ragini Nagpal, Advocates.

¶6

versus

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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.

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CORAM:

¶9

HON'BLE MR. JUSTICE SANJEEV NARULA

¶10

% 19.09.2025

¶11

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

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Exemptions are granted, subject to all just exceptions.

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

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Accordingly, the applications stand disposed of.

¶15

CRL.M.A. 28310/2025 ( Seeking directions)

¶16

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

¶17

This is a digitally signed order.

¶18

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 22/09/2025 at 12:23:51

¶19

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 30^th July, 2025 in W.P.(CRL) 684/2025.

¶20

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 21^st 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:

¶21

Date	Details
27^thFebruary,	This Court extended the Petitioner’s exemption from
2025	surrender until 14^thMarch, 2025.
9^thApril, 2025	The Court granted parole for a period of three weeks. The Petitioner surrendered on 30^thApril, 2025.
21^stJuly, 2025	The Court granted furlough for two weeks, from 25^th July, 2025 to 8^thAugust, 2025. The Petitioner surrendered on 8^thAugust, 2025.
21^st August,	The Court granted custody parole for two days, i.e., on
2025	22^ndAugust, 2025 and 25^thAugust, 2025.
1^stSeptember,	Furlough was granted by the concerned jail authorities
2025	from 3^rdSeptember, 2025 to 25^thSeptember, 2025. The
	Petitioner is currently out on this furlough.

¶22

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

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1 “IPC”

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2 “SRB”

¶25

This is a digitally signed order.

¶26

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 22/09/2025 at 12:23:51

¶27

Petitioner’s case afresh.

¶28

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

¶29

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.

¶30

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.

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With the above observations, the present petition is dismissed.

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SANJEEV NARULA, J

¶33

SEPTEMBER 19, 2025/MK

¶34

3 “the impugned minutes”

¶35

This is a digitally signed order. 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 22/09/2025 at 12:23:51

Dinesh Kumar @ Dinesh v. State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Dinesh Kumar @ Dinesh v. State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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