Kuldip Karshanbhai Panchal vs State Of Gujarat
2021 Latest Caselaw 1209 Guj

         R/SCR.A/8627/2020                                          ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/SPECIAL CRIMINAL APPLICATION NO. 8627 of 2020
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                       KULDIP KARSHANBHAI PANCHAL
                                  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 L B DABHI, APP (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
                 Date : 27/01/2021
                  ORAL ORDER

1. RULE. Learned APP waives service of Rule on behalf of the respondent­State.

2. This is a petition for furlough leave by the convict, who is convicted by Additional Sessions Court, Visnagar by judgment and order dated 17.03.2016 in Sessions Case No.33 of 2012.

3. It appears that the applicant has undergone sentence of 08 years, 08 months and 08 days. The application of the petitioner for furlough leave came to be rejected by the authority simply on the ground of negative opinion by local police and on apprehension of the complainant side that there is a possibility of public peace.

4. Learned APP invited attention of the Court to the jail record, which indicates jail conduct of the petitioner to be good.

           R/SCR.A/8627/2020                                                    ORDER




5.       This    Court         has       Considered         the       fact       that        the

applicant is convict of offence of 2012 where the conviction was recorded in the year 2016 and was sentenced to death, which was, thereafter, in appeal converted to life imprisonment and also considered the fact that since his imprisonment the applicant has undergone 08 years , 08 months and 08 days sentence till date and not once the applicant has been enlarged either on temporary bail or parole leave or furlough leave.

6. In that view of the matter, the assessment of the authorities on the basis of negative opinion is not sufficient to prevent the petitioner from enjoying the furlough leave which otherwise is a matter of right. The petition is allowed. The authorities are directed to grant furlough to the petitioner as per rules and on usual terms and conditions. The petitioner shall surrender before the jail authority on or before the expiry of the furlough leave.

6. Rule is made absolute.

Registry is directed to communicate this order to the jail authority.

(A.Y. KOGJE, J) GIRISH