In this special criminal application, the court disposed of a petition for furlough leave made by a convict. The application was deemed not to survive because a coordinate bench had already granted similar relief in a prior connected proceeding challenging the same order.
The application stands disposed of accordingly and the rule is discharged.
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/449/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 449 of 2020
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IBRAHIM ALIMAMAD SAMA
Versus
STATE OF GUJARAT
========================================================== Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3 MR RONAK RAVAL, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER
Date : 15/02/2021
ORAL ORDER
[1] Heard learned APP, Mr. Ronak Raval for the respondent – State through video conference.
[2] This application has been moved by the convict for granting him furlough leave.
[3] Learned APP invites the attention of this Court to the facts that the convict has challenged the very same order of 27.12.2019 by way of filing another application being Special Criminal Application No.7377/2020 wherein by order dated 27.11.2020, the coordinate bench : Hon'ble Mr. Justice R. P. Dholaria has already granted furlough of 14 days to the convict. In the facts of this matter, the application does not
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R/SCR.A/449/2020 ORDER
survive. He has also produced on record, the copy of the order of Special Criminal Application No. 7377/2020 on record. On perusal of the order of the co-ordinate bench dated 27.11.2020, it clearly appears that the said application also regarding the challenge to the order dated 27.12.2019 which is also subject matter of this petition. Hence the present application does not survive in view of the order passed in earlier aforesaid matter.
(DR. A. P. THAKER, J)
MAYA S. CHAUHAN
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1 provisions across 1 enactments
Ibrahim Alamadam Sama
State of Gujarat
A. P. Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
