SOMABHAI CHANABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioner is a convict prisoner No. 79353 undergoing sentence at Surat District Jail at Surat for the offence under Sec. 376 of IPC. Learned Additional Sessions Judge, Bharuch vide its judgment dated 1.7.1998 convicted the petitioner and sentenced him to suffer rigorous imprisonment for seven years for the commission of offence under Sec. 376 IPC. The petitioner is in jail since 1996. The petitioner made an application to the Inspector General of Prisoner, Government of Gujarat for grant of his due first furlough. This application has been made by the petitioner on 9.5.2000. The I.G. Prisons, Government of Gujarat under its order dated 5.7.2000 rejected that application of the petitioner. Hence, this special criminal application.

(3.) Copy of the order of the Inspector General of Prisons, Gujarat State, Ahmedabad is there in the compilation at page No. 5. Learned counsel for the petitioner has also filed translation of that order. This application of the petitioner as what it is correctly stated by the learned counsel for the petitioner came to be rejected by I.G. Prisons, Gujarat State, Ahmedabad on the ground that the Police Officer, Bharuch has not given good opinion for the petitioner. It transpires from this order that the Police Officer, Bharuch apprehended breach of peace in case where the petitioner is released on furlough leave.