Disposed¶23

Umesh @ Kala v. State NCT of Delhi

Parole – Extension

Delhi HC9 Jan 2026W.P.(CRL)/70/2026

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What is this about?

W.P.(CRL) 70/2026, decided 09.01.2026 by Anup Jairam Bhambhani, J. (Delhi HC): extension of parole must be sought by miscellaneous application in the original parole-granting petition (here W.P.(CRL) No. 3141/2025), not a fresh petition; analogy drawn from Jatin vs. The State NCT of Delhi, BAIL APPL. No. 3418/2024 (interim-bail extensions); extension application is not review/recall/modification; Roster Bench listing permissible despite Practice Directions dated 27.05.2025; petition filed under Article 226 Constitution and section 528 BNSS 2023; disposed of.

What did the court decide?

Petitioner directed to seek extension of parole by filing a miscellaneous application in W.P.(CRL) No. 3141/2025, the petition in which the parole was initially granted; pending applications, if any, stand disposed of. ¶23

Umesh @ Kala Vs State NCT of Delhi — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a prayer for extension of parole must be filed by way of an application in the original petition in which parole was granted, rather than by way of a fresh substantive petition. +1 more

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Court's answer

Applying the principle laid down in Jatin vs. The State NCT of Delhi regarding extension of interim bail, a prayer for extension of parole must be filed by way of an application in the petition in which parole was originally granted, even if that petition stands disposed of.

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Ratio / Principle

The filing of an application seeking extension of parole does not amount to review, recall, correction, clarification or modification of the earlier order.

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Key takeaways

Since an extension-of-parole application is not a review or modification, it need not be listed before the Bench that passed the original order; its listing before the concerned Roster Bench does not fall foul of the Delhi High Court Practice Directions dated 27.05.2025.ratio¶22

Detailed headnote1 paragraphs

Parole - Extension - Forum for filing: Delhi High Court held, following its own earlier view in Jatin vs. The State NCT of Delhi (BAIL APPL. No. 3418/2024) on extension of interim bail, that a prayer for extension of parole must be filed by way of a miscellaneous application in the original petition in which parole was granted, even if that petition stands disposed of. Such an application does not amount to review, recall, correction, clarification or modification of the earlier order; consequently it need not be listed before the Bench that passed the original order, and listing before the concerned Roster Bench does not fall foul of the Delhi High Court Practice Directions dated 27.05.2025. Petition under Article 226 of the Constitution read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 disposed of with direction to file the extension application in W.P.(CRL) No. 3141/2025 (parole originally granted vide order dated 09.12.2025). Exemption application CRL.M.A. 621/2026 granted and disposed of.

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$~71

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 70/2026

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UMESH @ KALA .....Petitioner Through: Mr. Hemant Gulati, Advocate.

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versus

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STATE NCT OF DELHI .....Respondent Through: Mr. Sanjeev Bhandari, ASC (Crl.) for State with Mr. Arjit Sharma and Ms. Sakshi Jha, Advocates. SI Nitesh Singh, P.S.: Mukherjee Nagar.

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CORAM:

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HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 09.01.2026

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CRL.M.A. 621/2026 (exemption)

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Exemption granted, subject to just exceptions.

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The application stands disposed of.

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W.P.(CRL) 70/2026

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By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks extension of parole that was granted by this court vide order dated 09.12.2025 made in W.P.(CRL) No. 3141/2025.

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In Jatin vs. The State NCT of Delhi in BAIL APPL. No. 3418/2024, this court has taken the view that a plea seeking extension of interim

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W.P.(CRL) 70/2026

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Page 1 of 3

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This is a digitally signed order.

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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 19/01/2026 at 13:17:38

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bail must be filed as an application in the petition in which interim bail was originally granted. The court has observed as follows:

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“6. After discussing the matter with the concerned officials of the Registry, this court is of the view, that a prayer for extension of interim bail ought to be filed by way of a CRL.M.(BAIL) in the main bail petition in which interim bail was first granted, even if the first petition stands disposed-of. A prayer for extension of interim bail must not be filed by way of a fresh substantive bail petition, since that makes it difficult for the court, for the prosecution branch, as well as for the jail administration, to crossreference the grounds taken and the documents relied upon by a petitioner; and the stand taken and the documents verified by the Investigating Officer, for grant of interim bail in the first instance. Such cross-referencing is relevant and material for deciding a prayer for extension of interim bail.”

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In keeping with the same principle, this court is of the view that a prayer for extension of parole must also be filed by way of an application in the petition in which parole was originally granted, even if that petition stands disposed-of.

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For sake of clarity, it may also be observed that the filing of an application seeking extension of parole would not amount to review , recall, correction, clarification and modification of the earlier order; and it would therefore not be necessary to list the petition before the Bench that passed the original order. Consequently, the filing of a prayer for extension of parole in the original petition, and its listing before the concerned Roster Bench, would not fall foul of Practice Directions dated 27.05.2025 issued by the Delhi High Court.

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Accordingly, the petitioner is directed to file for extension of parole by way of a miscellaneous application in the petition in which the parole was initially granted.

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W.P.(CRL) 70/2026

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Page 2 of 3

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This is a digitally signed order.

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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 19/01/2026 at 13:17:38

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The present petition is disposed-of in the above terms.

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

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ANUP JAIRAM BHAMBHANI, J

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JANUARY 9, 2026/ ak

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W.P.(CRL) 70/2026

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Page 3 of 3

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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 19/01/2026 at 13:17:38

Umesh @ Kala v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Umesh @ Kala v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

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What the court decided

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