GOVABHAI NAGJIBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application preferred by the applicant to direct the respondent No.2 to grant furlough leave to the applicant for a period of 15 days.

(2.) The applicant is a convict for the offence punishable under Section 302 and 120B of the Indian Penal Code and convicted for a life imprisonment. The applicant is a accused in double murder case viz. In one case, the appeal was preferred and dismissed by the Hon'ble Supreme Court while in another case, the appeal is pending before the High Court. The applicnt has prayed for furlough leave, however, the forlough leave application was rejected by the respondent No.2 on the apprehension that the applicant would threat the complainant and his family members and would also damage the property of the complainant. There was also apprehension that if the applicant would be released, he will run away and the jail report is also in negative towards the conduct of the applicant.

(3.) At the time of argument, Mr. Shah, learned advocate for the applicant has submitted that on earlier occasion, the applicant was released by the Hon'ble Supreme Court so also, he may be granted furlough leave as prayed for. In support of his contention, learned advocate for the applicant relied on the decisions of Hon'ble Supreme Court.