GIRISHBHAI VALJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of this application the applicant challenges the order dtd. 4/6/2022 passed by the Jail Authorities, whereby furlough application of the applicant has been rejected.

(3.) I have gone through the Jail record of the applicant as well as considered the averments made in the application. Perusal of the order reveals that the jail authorities had taken into consideration two aspects i.e. negative police opinion of the local police and the applicant has been convicted in the serious offence. In the considered opinion of this Court, both the aspects taken into consideration were not germane for considering the application for being released on furlough leave. Jail remarks show that the applicant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code amongst others and sentenced to undergo life imprisonment. Jail remarks also show that the applicant has undergone approximately 7 years, 9 months and 29 days in prison as of now. It appears that the applicant has been released once during the entire period in the month of February-March-2022 on parole leave for a period of 14 days and during the period when the applicant had been released on parole, the applicant had not breached the conditions of parole leave. It appears that furlough leave application has been rejected by the Jail Superintendent vide order dated 04. 06.2022. Jail remarks also show that as and when the applicant had been released, he had surrendered in time. The jail conduct of the applicant is shown to be good.