KOYABHAI BHAICHANDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The prayer of the petitioner in this petition is for a direction to the respondents to release the petitioner on his first furlough leave by imposing suitable conditions.

(2.) Brief facts giving rise to this petition are as under : The petitioner was convicted under Section 302 I.P.Code and was sentenced to under-go life imprisonment. His Appeal was dismissed by this Court. During pendency of the trial the petitioner was enlarged on parole twice and he surrendered in time. After conviction he was released on temporary bail, but he surrendered late by 462 days for which the petitioner was sufficiently punished by the Authorities. The petitioner applied for first furlough leave to I.G.(Prison) - respondent No.3, on 1.4.2000 which was rejected on 18.8.2000, as contained in Annexure : A. It is this order which is under challenge in this petition.

(3.) The counter Affidavit has been filed by Shri U.V.Chaudhary, Administrative Officer of I.G.(Prison).