GANESHBHAI BHIKHABHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Additional Public Prosecutor Mr. L.B. Dabhi on behalf of the respondents.

(2.) By way of this application the applicant-convict challenges an order dtd. 31/3/2022 passed by the jail authorities whereby the application of the applicant for being released on first furlough leave has been rejected more particularly on the ground that the offence for which the applicant is convicted is a serious offence and that the police opinion is negative and that complainant has also opposed grant of furlough leave.

(3.) The Court has also considered the jail remarks of the present applicant which would show that the applicant is in custody since approximately 4 years and 2 months whereas the applicant has undergone incarceration of 3 years and 8 months approximately while he was undertrial prisoner and whereas the applicant has undergone incarceration of approximately 6 months as a regular convict. The applicant, having already undergone imprisonment of more than 4 years, in the considered opinion of this Court, the opinion of the police as well as the opposition of the complainant, may not be much relevant unless there is any material to show that during the interregnum, the applicant had in any way tried to tamper with the ongoing prosecution or had tried to influence the witnesses, which does not appear to be the case here.