Full Text
HIGH COURT OF DELHI
Date of Decision: 20.07.2026
MD. IKHLAQ @ ASIF .....Petitioner
Through: Mr. Zeeshan Diwan, Advocate (through video conferencing).
Through: Mr. Yasir Rauf Ansari, ASC.
JUDGMENT
3. Broadly stated, by order dated 10.04.2026, the Competent Authority directed release of the petitioner on furlough for a period of two weeks (ORAL)
1. Petitioner has assailed order no. F.10(3576761)/CJ/Legal/ PHQ/2026/4385 dated 19.06.2026 whereby, request of the petitioner for modification of furlough order dated 10.04.2026 was rejected by the Competent Authority.
2. Learned ASC accepts notice and formally objects to this petition. Date: 2026.07.20 17:22:22 +05'30' subject to certain conditions including furnishing of two sureties of Rs.10,000/- each with a personal bond in the like amount.
4. It is submitted by the learned counsel for petitioner that earlier also, the petitioner was released on furlough subject to furnishing two sureties and he could avail that benefit, but now one of those sureties has passed away and the other surety is not willing to come forward.
5. In response to a specific query, learned ASC submits that the petitioner has already spent 13 years and 03 months in jail.
6. Going by the period already spent by the petitioner in jail, it does not appear that the petitioner would jump furlough if this petition is allowed. Keeping in mind the purpose and philosophy behind the reformatory tools like bail, parole and furlough, the petitioner, in my view can be granted benefit as sought in this petition.
7. Accordingly, the petition is allowed, thereby modifying condition no.1 of the furlough order dated 10.04.2026 to the extent that the petitioner shall be released on furlough subject to his giving a personal bond in the sum of Rs.10,000/- without any surety. Rest of the conditions of the furlough order shall remain as it is. Consequently, the impugned order dated 19.06.2026 stands set aside. Date: 2026.07.20 17:22:50 +05'30'
8. The accompanying applications also stand disposed of.
9. Copy of this order be sent to the concerned Jail Superintendent.
GIRISH KATHPALIA (JUDGE) JULY 20, 2026