Jitender Kumar @Vickey Vs State NCT of Delhi — Delhi HC (2026) — LawSathi Research

Jitender Kumar @Vickey Vs State NCT of Delhi — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Furlough extended by a further period of 02 weeks from the date of expiry of the 03-week furlough granted by the competent authority vide order dated 15.01.2026, subject to the same conditions as imposed by the competent authority; the extension is counted towards the petitioner's 2nd spell of furlough. Pending applications, if any, also stand disposed of, and a copy of the order is to be sent to the concerned Jail Superintendent forthwith.

Issue for consideration

Whether the petitioner's furlought can be extended, given that the jail authorities had not decided the extension application and, per the State's submission, possess no power under the Delhi Prison Rules 2018 to extend furlough (their power to extend parole arising from Rule 1207 of the DPR). +1 more

Court's answer

The petition is disposed of by extending the period of the petitioner's furlough by a further period of 02 weeks from the date of expiry of the 03-week period granted by the competent authority vide order dated 15.01.2026, subject to the same conditions as imposed by the competent authority.

Ratio / Principle

The extension of furlough is made clear to be counted towards the 2nd spell of furlough to which the petitioner would be entitled.

Detailed headnote1 paragraphs

W.P.(CRL) 389/2026, High Court of Delhi at New Delhi (Anup Jairam Bhambhani, J.), order dated 07.02.2026: The petitioner, whose 03-week furlough had been granted by the competent authority vide order dated 15.01.2026, sought its extension; pursuant to this Court's order dated 03.02.2026 granting the jail authorities 03 days to decide, he applied to them by e-mail dated 03.02.2026 with a reminder dated 05.02.2026, but received no decision. The State submitted that under the Delhi Prison Rules 2018 ('DPR') the jail authorities have no power to extend furlough, their statutory power to extend being confined to parole under Rule 1207 of the DPR, and that any extension of furlough would ordinarily be counted towards the next spell. Disposing of the petition, the Court extended the furlough by a further 02 weeks from the date of expiry of the 03-week period, subject to the same conditions imposed by the competent authority, and clarified that the extension would be counted towards the petitioner's 2nd spell of furlough. Pending applications were disposed of and a copy of the order was directed to be sent to the concerned Jail Superintendent forthwith.

$~3

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(CRL) 389/2026 JITENDER KUMAR @VICKEY .....Petitioner Through: Mr. Faraz Maqbool (DHCLSC), Advocate with Ms. A. Sahitya Veena and Ms. Ananya Luthra, Advocates.

versus STATE NCT OF DELHI .....Respondent Through: Counsel (appearance not given) for Mr. Sanjay Lao, Standing Counsel (Crl) for the State. SI Sumeet P., P.S.: Vivek Vihar.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 07.02.2026

Mr. Faraz Maqbool, learned counsel appearing for the petitioner submits, that pursuant to last order dated 03.02.2026, the petitioner has made the requisite application before the jail authorities seeking extension of furlough granted to him by the competent authority vidé order dated 15.01.2026, which was for a period of 03 weeks.

Under cover of Index dated 07.02.2026, learned counsel has handedup a copy of e-mail dated 03.02.2026 sent to the jail authorities alongwith a copy of a reminder e-mail dated 05.02.2026, which are taken on record.

Learned counsel submits, that vidé order dated 03.02.2026, this court had granted 03 days to the jail authorities to decide the petitioner’s extension application; however, the petitioner has not heard from them till date.

W.P.(CRL) 389/2026

Page 1 of 2

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 13/02/2026 at 11:27:18

Learned counsel appearing on behalf of Mr. Sanjay Lao, learned Standing Counsel (Criminal) for the State submits, that all other things apart, under the Delhi Prison Rules 2018 (‘DPR’) there is no power conferred upon the jail authorities to extend furlough , though they have the power to extend parole as contained in Rule 1207 of the DPR. Counsel submits, that this court may consider the prayer in the present petition, bearing in mind that any extension of furlough would ordinarily be counted towards the next spell of furlough available to the petitioner.

In the above circumstances, and in view of the submissions made on behalf of the State, the present petition is disposed-of extending the period of the petitioner’s furlough by a further period of 02 weeks from the date of expiry of the 03-week period granted by the competent authority vidé order dated 15.01.2026, subject to the same conditions as imposed by the competent authority.

It is made clear, that the extension of furlough would be counted towards the 2nd spell of furlough to which the petitioner would be entitled.

The petition is disposed-of in the above terms.

Pending applications, if any, also stand disposed-of.

A copy of this order be sent to the concerned Jail Superintendent forthwith .

ANUP JAIRAM BHAMBHANI, J

FEBRUARY 7, 2026/ ak

W.P.(CRL) 389/2026

Page 2 of 2

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 13/02/2026 at 11:27:18