LAWS(GJH)-2021-2-124

LALABHAI HATHIBHAI BHARWAD Vs. STATE OF GUJARAT

Decided On February 09, 2021
Lalabhai Hathibhai Bharwad Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present Application has been filed by the applicant-convict through Jail contending that he is in jail since last 2 years and 4 months as he has been convicted and sentenced for life imprisonment in Sessions Case No. 79/2018 with 130/2018 and with 85/2019 by the Additional Sessions Court, Mehsana vide judgment and order dated 22.1.2020.

(2.) Heard Ms. Moxa Thakkar, learned APP for the respondent State through Video-conferencing.

(3.) Learned APP for the respondent State has submitted that there is Rule 4(6) of the Prisons (Bombay Furlough and Parole) Rules, 1959 (hereinafter referred to as 'Rules') for the forfeiture of the furlough. As per the impugned order, furlough has not rejected permanently but liberty has been granted to the applicant to apply after 6 months for furlough. She has also submitted that in iview of the jail remarks, it appears that the present convict has habit of commiting offences. She has also contended that there is no illegality conducted by the authority by passing the impugned order, which is under challenge. She has prayed to dismiss the application.