Held that the application for 8th furlough leave required consideration. Granted release on furlough upon furnishing a personal bond of Rs. 5000/- with conditions to report to police and surrender after leave.
Released on 8th furlough leave on furnishing a personal bond of Rs. 5000/- with conditions.
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R/SCR.A/11703/2021 ORDER DATED: 01/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 11703 of 2021
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ASHOK MANJIBHAI KOLI Versus STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3
MR DM DEVNANI, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 01/12/2021
ORAL ORDER
[1] Rule. Learned APP waives service of notice of rule on behalf of respondent – State.
[2] The present application has been filed by the applicant - convict challenging an order dated 09.11.2021 by the competent authority, rejecting his application for furlough leave mainly on the ground of his abscondment for 819 days in the year 2010 and 219 days in the year 2020.
[3] Heard learned advocate for the applicant and learned Additional Public Prosecutor appearing for the respondentState and I have gone through the jail record of the convict. It appears from the jail record that the convict has undergone sentence of about 11 years and 8 months. From the jail record, it appears that his application for 8th furlough has been rejected by the competent authority. However, when he was
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R/SCR.A/11703/2021 ORDER DATED: 01/12/2021
released on parole leave by this Court in the month of October 2021, he has surrendered on time.
[4] Considering the aforesaid facts and circumstances of the case and considering the period of his imprisonment, I am of the opinion that the application requires consideration. Hence, the present application is allowed. The applicant is ordered to be released on his 8st furlough leave on his furnishing personal bond of Rs.5000/- (Rupees Five Thousand Only) on usual terms and conditions and condition that applicant shall mark his presence before concerned police station on 7th day of the furlough leave. The applicant shall surrender to the Jail Authority on completion of the furlough leave, without fail.
[5] Rule is made absolute accordingly. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(RAJENDRA M. SAREEN,J)
DRASHTI K. SHUKLA
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1 issue framed by the court
Whether the application of a convict for furlough leave, rejected on grounds of past abscondment, requires consideration given his current behavior and period of imprisonment.
ASHOK MANJIBHAI KOLI
STATE OF GUJARAT
RAJENDRA M. SAREEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
