Sonu Dahiya Vs State NCT of Delhi — Delhi HC (2026) — LawSathi Research

Sonu Dahiya Vs State NCT of Delhi — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Extension of furlough for four weeks refused (maximum period already availed); instead, the Jail Superintendent was directed to arrange the petitioner's hospital visit for evaluation on his advised review date, after which the application stood disposed of.

Issue for consideration

Whether the petitioner's furlough may be extended for a further period of four weeks on account of his medical ailments, given the Additional Standing Counsel's submission that, as per rules, the maximum period of furlough has already been granted and no further extension can be granted by the Court.

Ratio / Principle

The request for extension of furlough cannot be granted, as the maximum period of furlough has already been granted.

Key takeaways

In view of the petitioner's pending post-surgery review, the Jail Superintendent concerned is directed to take the petitioner to the hospital concerned for evaluation on the date on which he has been advised to report for review.ratio¶30

Detailed headnote1 paragraphs

Delhi High Court (W.P.(CRL) 81/2026, Justice Chandrasekharan Sudha, order dated 23.01.2026): Application filed under Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 by petitioner Sonu Dahiya seeking extension of furlough by four weeks owing to medical ailments, including follow-up advised by Medical Certificate dated 16.01.2026 (Annexure A-4) after surgery. The Additional Standing Counsel opposed the extension, submitting that as per rules the maximum period of furlough had already been granted (the petitioner having received a further two weeks as per order dated 12.01.2026, on the terms fixed by the competent authority vide order dated 24.12.2025). The Court held that the extension of furlough could not be granted as the maximum period had already been granted, but directed the Jail Superintendent concerned to make arrangements to take the petitioner for evaluation to the hospital concerned on the date advised for his review. The application was accordingly disposed of. No precedent cases were cited.

$~85

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 81/2026

SONU DAHIYA .....Petitioner Through: Ms. Priyal Bhardwaj, Mr. Chetan Bhardwaj and Mr. Priyanshu Vishwakarma, Advocates.

versus

STATE NCT OF DELHI .....Respondent Through: Mr. Yasir Rauf Ansari, ASC (Crl.) with Mr. Alok Sharma, Advocate.

CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA

O R D E R

% 23.01.2026 CRL.M.A. 2572/2026

Allowed, subject to all just exceptions.

The application stands disposed of.

CRL.M.A. 2571/2026

The present application has been filed under Section 528

of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking extension of furlough for a period of four weeks in light of the medical ailments of the petitioner.

Issue notice.

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 28/01/2026 at 12:56:38

Learned Additional Standing Counsel accepts notice on

behalf of the State.

As per order dated 12.01.2026, the petitioner was granted

a further period of two weeks, on the same terms and conditions as

imposed by the competent authority vide order dated 24.12.2025.

The request for the extension of furlough for a period of

four weeks is opposed by the learned Additional Standing Counsel who submits that as per rules the maximum period to which furlough could be granted has already been granted and therefore, no further extension may be granted by this Court.

The learned counsel for the petitioner quite persuasively argues that the period may be extended and he draws the attention of this Court to Medical Certificate dated 16.01.2026 (Annexure A-4) as per which the petitioner has been advised follow up after

two weeks to review the outcome of the surgery that he had undergone and for evaluation.

In such circumstances, the Jail Superintendent concerned

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 28/01/2026 at 12:56:38

is directed to make arrangements to take the petitioner for evaluation in the hospital concerned on the date on which he has been advised to report for review.

The request for extension of furlough thus cannot be granted, as the maximum period has already been granted.

With the aforesaid, the application stands disposed of.

CHANDRASEKHARAN SUDHA, J

JANUARY 23, 2026/rs

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 28/01/2026 at 12:56:38