MAHIPAL@LALA vs STATE OF NCT OF DELHI

Judgment text excerpt

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28.01.2026 + W.P.(CRL) 283/2026 & CRL.M.A. 2772/2026 MAHIPAL@LALA .....Petitioner Through: Mr. Rakesh Tanwar and Ms. Sanjana Gupta, Advocates (DHCLSC) versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Arijit Sharma, Advocate for the State with Inspr. Rajesh Malik and SI Sangeeta, PS S.B. Dairy CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. Petitioner has assailed rejection of his request for grant of first spell of furlough in case FIR No. 881/2014 of PS Shahbad Dairy for offence under Section 6 POCSO Act and Section 506 IPC. Learned counsel for respondent accepts notice. 2. Broadly speaking, the furlough request was declined by way of order dated 10.12.2025 on the ground that the petitioner had unsatisfactory jail conduct. The reason behind recording the conduct of the petitioner W.P.(CRL) 283/2026 Page 1 of 3 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4a fec45569af3962c6fb4835d435f97626cac ca, ou=HIGH COURT OF DELHI,CID - Signature Not Verified KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5 d15570996b40f80cbd2eee60402c48796 5ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.01.28 17:04:40 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:28.01.2026 17:20:47 unsatisfactory was two fold. Firstly, the petitioner surrendered after completion of earlier furlough with a delay of one day. Secondly, the petitioner was found under intoxication on 19.02.2025 and his urine test reflected positive for BZO and THC. 3. So far as delay of one day in surrendering after the earlier furlough period, the same was on account of calculation error as per learned counsel for petitioner. So far as the a