Gautam Bholabhai Ramchandra ... vs State Of Gujarat
2021 Latest Caselaw 250 Guj

        R/SCR.A/6859/2020                                                 ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CRIMINAL APPLICATION NO. 6859 of 2020
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          GAUTAM BHOLABHAI RAMCHANDRA PASWAN
                           Versus
                     STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
MR.L.B.DABHI, APP, (2) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2,3
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 CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

                                Date : 08/01/2021
                                 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 2nd Additional Sessions

Court, Dhoraji by judgment and order dated 12.09.2018 in

Sessions Case No.05 of 2018. He is due for first

furlough.

3. The jail report indicated that the conduct of the

petitiner is good. The Grounds mentioned for rejecting

the furlough is the opinion of the local police, the

offence being under POCSO and surety not being available.

4. Learned APP invited attention of the Court to

the jail record, which indicates jail conduct of the

R/SCR.A/6859/2020 ORDER

petitioner to be good.

5. Considering the fact that the petitioner has already

undergone two years of sentence out of 10 years

imprisonment and the petitioner is aged about 23 years,

it would be appropriate to permit the petitioner to enjoy

furlough leave.

6. 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 by accepting personal bond in place of surety.

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) Siddharth