Manish Pratap Yadav vs State Of Gujarat
2021 Latest Caselaw 5459 Guj

           R/SCR.A/4492/2021                                         ORDER




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 4492 of 2021

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                               MANISH PRATAP YADAV
                                      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. DHARMESH DEVNANI, APP for the Respondent(s) No. 1
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  CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

                                 Date : 07/05/2021

                                   ORAL ORDER

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

State.

2. This is a petition for furlough leave by the convict through Jail, who is

convicted by District Court, Vadodara by judgment and order dated

21.01.2019 in Sessions Case No.29 of 2017.

3. This petition is filed against the order dated 28­02­2020 and 02­12­

2020, by which the furlough leave of the petitioner was rejected.

4. Learned APP draws attention of this Court to the first order of rejecting

furlough leave dated 28­02­2020 was on the ground of negative opinion

against the applicant. Earlier when the petitioner has released, entered into

fight for which the chapter case was filed. Second order rejecting the furlough

leave was also passed on the same ground. Another ground for rejecting the

R/SCR.A/4492/2021 ORDER

furlough leave was the statement of the complainant regarding apprehension

of the petitioner against enter into fight.

5. The Provision of Furlough Rules provides for the right of the prisoner to

enjoy the furlough leave for stipulated period. The Ground mentioned in the

order of rejection are stereotype as it mentioned negative opinion of the

concerned Police station and apprehension of the complainant side. These two

grounds itself in case of the present applicant where the applicant is aged 22

years only and has undergone almost two years in sentence.

6. In that view of the matter, the petition is allowed. The authorities are

directed to grant furlough leave for the period of 14 (Fourteen) days to the

petitioner from the date of his release as per rules and on usual terms and

conditions. On further condition that the petitioner shall not enter within the

jurisdiction of Makarpura Police Station. The petitioner shall surrender before

the jail authority on or before the expiry of the furlough leave.

7. Rule is made absolute. Registry is directed to communicate this

order to the jail authority.

(A.Y. KOGJE, J) PARESH SOMPURA