MAHEBUBBHAI BHACHUBHAI BHATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicant challenges an order dtd. 7/1/2023 which is ostensibly passed by the Additional Director General of Police/Inspector General of Police and communicated by the Administrative Officer(Jails), Gujarat State, whereby the authority concerned has rejected the application preferred by the present applicant for being released on furlough leave.

(2.) Perusal of order dtd. 7/1/2023 would reveal that two aspects have weighed with the authority concerned namely (1) The opinion given by the police officials where the offence had taken place is negative on the apprehension that if released the applicant might disturb the peace and tranquility of the area and (2) that the applicant is convicted of an offence punishable under Sec. 125(3) of the Code of Criminal Procedure.

(3.) At this stage before discussing on the issue any further, since it appears that stereotype order had been passed even in other matters which has come to the attention of this Court, this Court had called for the original files whereupon, the impugned decision had been taken.