This is an order rejecting an application for furlough leave filed by a convict. The High Court rejected it based on the applicant's prior conduct, specifically absconding for 96 days after obtaining temporary bail, referencing a previous coordinate bench order.
Application for furlough leave rejected.
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/161/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 161 of 2020
========================================================== NARESH @ GOPI MAFATLAL UKABHAI PARMAR
Versus STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1 MS. MOXA THAKKAR, APP (2) for the Respondent(s) No. 1 RULE SERVED(64) for the Respondent(s) No. 2,3
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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER
Date : 12/02/2021 ORAL ORDER
The application has been filed by the applicant through jail for granting furlough leave.
Heard Ms. Moxa Thakkar, learned APP for the respondent State through video-conferencing.
Learned APP has submitted that the coordinate bench (Coram: Hon'ble Mr. Justice B.N.Karia) vide order dated 1.12.2020 passed in SCRA No. 7589 of 2020 had rejected the application for furlough leave filed by the same person.
On perusal of the said order, it appears that the coordinate bench had considered the conduct of the applicant-convict and observed that after getting temporary bail he absconded for 96 days and was arrested by the police authority and, therefore, considering the said fact, this furlough is rejected.
In the present application also, the facts are same and therefore, this application is also rejected. The convict be informed accordingly through concerned Jail authority.
(DR. A. P. THAKER, J)
SAJ GEORGE
Page 1 of 1
1 issue framed by the court
Whether the application for furlough leave should be allowed in light of the applicant's previous conduct of absconding after temporary bail.
NARESH @ GOPI MAFATLAL UKABHAI PARMAR
STATE OF GUJARAT
A. P. Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
