CHHANAJI MALAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Public Prosecutor waives service of rule on behalf of the respondents.

(2.) Prayer has been made by the petitioner in this petition to direct the respondents to release him on furlough leave.

(3.) The facts of the case are that the petitioner was convicted and sentenced to suffer rigorous imprisonment for life by the learned Sessions Judge, Mahesana for the offence under section 302 of I.P.C. on 13th July, 1992. This conviction and sentence was brought to the notice by the petitioner before this Court by filing criminal appeal. It is not in dispute that this court has already dismissed that appeal of the petitioner. So this conviction and sentence attained the finality. It is stated that the petitioner is in jail since more than ten years including undertrial period. It is stated that the petitioner has enjoyed three times temporary bail and one time furlough leave. It is submitted that in the year 1995, the petitioner surrendered late by 650 days. It is averred that for that late surrender, the jail authority has already punished the petitioner by way of cut off his remission for one day to one day two months Danda Bedi, his canteen facility was stopped for two months and further his one furlough has been ordered to be forfeited. The petitioner's furlough became due in the month of October, 2000. He made an application for furlough to the respondent No.3 on 30th October, 2000. This application came to be rejected by the respondent No.3 under his order dated 3rd January, 2001. Hence, this special criminal application.