Axaykumar Rameshbhai Vasava vs State Of Gujarat
2021 Latest Caselaw 132 Guj

        R/SCR.A/8912/2020                                               ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 8912 of 2020

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                    AXAYKUMAR RAMESHBHAI VASAVA
                                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 LB DABHI, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

                                Date : 06/01/2021

                                    ORAL ORDER

1. RULE. Learned APP Mr.L.B.Dabhi waives service

of Rule on behalf of the respondent-State.

2. This is a petition for furlough leave by the

convict, who is convicted by Additional Sessions Court,

Godhara by judgment and order dated 27.11.2019 in

Sessions Case No.11 of 2017. He is due for first

furlough.

3. It appears that the applicant is aged 23 years

and is in jail for last 3 years. He is sentenced to

undergo 7 years imprisonment. 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, which in the instant case being

R/SCR.A/8912/2020 ORDER

unsubstantiated cannot be considered as a good ground to

deny furlough, which is a matter right of a convict, more

particularly when the convict is aged 23 years and

punished for 7 years for offences under Sections 363,

366, 376 and 114 of IPC and Sections 4 and 17 of the

POCSO Act.

4. Learned APP invited attention of the Court to

the jail record, which indicates jail conduct of the

petitioner to be good.

5. In that view of the matter, the petition is

allowed. The authorities are directed to grant first

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) SHITOLE