MANISH PRATAP YADAV 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 challenges the order dtd. 8/3/2022, whereby the first furlough leave application of the applicant has been rejected.

(3.) The grounds which weighed with the Authorities are an apprehension raised by the local police that the applicant shall not surrender in time and the fact of the applicant having been convicted for a serious offence. It appears, after perusing the original file, that there is no material to show that the apprehension raised by the local police was on basis of any material available with them. It also appears that the applicant having been sentenced for a period of 12 years, obviously the offence, for which the applicant was convicted was a serious offence. In the considered opinion of this Court, the reasons which weighed with the respondent Authorities were not germane for the purpose of considering the application for grant of furlough.