This short order rejected an application for furlough leave as the challenged order remained valid. The court noted the prisoner could make a fresh application under Rule 9.
Application rejected; no relief granted to the applicant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/SCR.A/2575/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION NO. 2575 of 2019
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AJAY JAYESHBHAI @ HANUMANBHAI VASAVA
Versus
STATE OF GUJARAT
================================================================ Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3 MR DHARMESH DEVNANI, APP (2) for the Respondent(s) No. 1
================================================================ CORAM: HONOURABLE MR.JUSTICE UMESH A. TRIVEDI Date : 06/03/2019
ORAL ORDER
This petition is for seeking furlough leave challenging the order passed by the Competent Authority dated 17.01.2019 on the ground of negative opinion of the Police as also Jigo Ratilal Vasava, real brother of the prisoner, in his statement dated 05.01.2019, he has refused to become surety for his release.
This statement again is not by the brother, whose statement is considered by the authority, as it comes out from the present application that he has not given such a statement. Merely, because the prisoner asserts that his brother is ready to become surety for him, the order passed by the authority cannot be disputed on his assertion. However, in view of Rule-9 of The Prisons (Bombay Furlough and Parole) Rules, 1959, as observed by the authority, he can make a fresh application within time prescribed.
In that view of the matter, the present application is disposed of as rejected.
(UMESH A. TRIVEDI, J.)
Lalji Desai
Page 1 of 1
1 issue framed by the court
Whether the challenge on jurisdictional facts to the order denying furlough leave entitles the applicant to relief.
1 provisions across 1 enactments
AJAY JAYESHBHAI @ HANUMANBHAI VASAVA
STATE OF GUJARAT
Umesh A. Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
