Delhi High Court
W.P.(CRL)/3250/2026 of VIJAY KUMAR @ VIJAY Vs THE STATE (GOVT. OF NCT DELHI) on 13 October 2026
3246/2026 and connected matters Page 1 of 5 $~88 and 89 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 13.10.2026 # CNR No. DLHC010495922026 + W.P.(CRL) 3246/2026, Crl.M.A.32326/2026, Crl.M.A.32327/2026 Crl.M.A.32328/2026 (88) VIJAY KUMAR @ VIJAY .....Petitioner Through: Mr.
$~88 and 89
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Date of Decision: 13.10.2026
CNR No. DLHC010495922026
+
W.P.(CRL) 3246/2026, Crl.M.A.32326/2026, Crl.M.A.32327/2026
Crl.M.A.32328/2026
(88) VIJAY KUMAR @ VIJAY
.....Petitioner
Through:
Mr. Satyam Thareja, Adv. (DHCLSC)
along with Ms. Ashu Jain and Mr.
Deepak, Advocates.
versus
THE STATE (GOVT OF NCT OF DELHI)
.....Respondent
Through:
Mr. Rahul Tyagi, ASC for State.
CNR No. DLHC010496882026
+
W.P.(CRL) 3250/2026, Crl.M.A.32379/2026, Crl.M.A.32380/2026
Crl.M.A.32381/2026
(89) VIJAY KUMAR @ VIJAY
.....Petitioner
Through:
Mr. Satyam Thareja, Adv. (DHCLSC)
along with Ms. Ashu Jain and Mr.
Deepak, Advocates.
versus
THE STATE (GOVT. OF NCT DELHI)
.....Respondent
Through:
Mr. Rahul Tyagi, ASC for State.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
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1. The present petition, i.e., W.P.(CRL) 3246/2026, has been filed by the petitioner, who has undergone 21 years of incarceration, under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a direction to the respondent to shift the petitioner back to the semi-open prison. SACHIN DATTA, J. (ORAL)
2. Additionally, the petitioner has also filed W.P.(CRL) 3250/2026, under
KUMAR PATEL
Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a writ of mandamus directing the respondent to count the period from 15.05.2021 to 07.04.2023, spent by the petitioner on emergency parole, towards the sentence undergone by him.
3. Both the petitions have been heard together.
4. The factual matrix is that on a previous occasion, there was a delay on the part of the petitioner in surrendering pursuant to the grant of emergency parole, consequent to which he was re-arrested and a punishment ticket was issued against him. The said lapse was subsequently held by this Court to be an inadvertent omission, rather than a deliberate attempt to evade custody.
5. The punishment ticket was quashed by this Court vide order dated 31.10.2025 in W.P.(Crl.) No. 2103/2025. The same, inter alia, reads as under:
6. In the light of the aforesaid order, a representation dated 24.11.2025, in
KUMAR PATEL
W.P.(CRL) 3246/2026, was submitted by the petitioner to the prison authorities. The same reads as under:
Digitally Signed By:ROHIT KUMAR PATEL
7. Additionally, a representation dated 26.11.2025, in W.P.(CRL) 3250/2026, was submitted by the petitioner to the Jail Superintendent, Central Jail No. 2, Tihar, seeking that the period from 15.05.2021 to 07.04.2023 spent on emergency parole be counted towards the sentence undergone by him. The same reads as under:
Digitally Signed By:ROHIT KUMAR PATEL
8. It is the case of the petitioner that the said representations have not been considered till date.
9. Considering the circumstances, it is directed that the Director General (Prisons) shall decide the aforesaid representations of the petitioner, taking into account the aforesaid order dated 31.10.2025 passed by this Court, as well as the applicable rules.
10. The present petitions, along with pending applications, stand disposed of in the above terms.
OCTOBER 13, 2026/at/sd
SACHIN DATTA, J
KUMAR PATEL