DANDPAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ms. Monali Bhatt, learned APP. Ms. Monali Bhatt, learned APP has placed on record the report dtd. 5/7/2023 submitted by the office of IG Prison. This Court by order dtd. 28/6/2023 had directed the Directorate of Prisons and Correctional Services, Orissa and Superintendent of Police, Ganjam, Chatrapur to be joined as party respondent and had called upon the respective officers to place on record the statement of surety who appears to be the sister of the applicant, as the same was awaited since last 6 months. The respective respondent has placed on record the report through registry of this Court. On perusal of the report, it transpires that the statement of surety Smt. Dalabehera Sabitri Dora has been recorded by the Superintendent of Police Ganjam, Chatrapur. In her statement, she has shown her willingness to be the surety of the present applicant. She has also assured to produce him on the expiry of period of furlough leave. The translated version of the surety has been placed on record along with the report. The respondent-State authority have not entertained the furlough leave on the ground that it had not been clarified whether the sister of the applicant has agreed to be the surety. Now the statement of Smt. Dalabehera Sabitri Dora has come on record.

(2.) Considering her statement and considering the jail remarks of the applicant, the present application requires consideration and is hereby allowed. The applicant is directed to be released on furlough leave for a period of 21 days. The Court further notices that the applicant has undergone sentence of almost 9 years and 4 months as against the sentence of life imprisonment. Considering the sentence undergone, the applicant shall be entitled to 3rd as well as 4th, 5th and 6th furlough leave. Let the applicant be made aware of the entitlement of the aforesaid furlough leaves so as to enable him to apply for furlough leave. Even otherwise, the office of Jail Superintendent, Central Jail, Lajpore, Surat can always examine and take into consideration the entitlement of the furlough leave by the applicant-convict. Let the aforesaid aspect be examined by the Jail Superintendent and be decided in accordance with law.