HITESHBHAI JIVANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Mr. Raval waives service of Rule on behalf of the respondent-State.

(2.) By way of this application the applicant convict challenges an order passed by the jail authorities dtd. 25/5/2022, whereby application of the applicant for grant of first furlough leave has been rejected.

(3.) While rejecting the furlough leave, the reasons which are weighed with the jail authorities, being negative opinion of the police authorities and there being an apprehension that the applicant might cause harm to the complainant and his family. Having regard to the fact that the applicant has been sentenced for offence under Sec. 302 and having undergone approximately 05 years and 02 months imprisonment and having not been released on any kind of leave whatsoever herein before, this Court is of the considered opinion that the reasons weighed with the authorities, were not germane for the purpose for which the application was being considered. In the considered opinion of this Court, the apprehension allayed by the local police as well as by the complainant could be taken care of, by imposing appropriate conditions on the present applicant while granting furlough leave to the applicant.