VIJAYAKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Mehta, learned APP, who has appeared on behalf of the respondent State. He has placed on record the report dtd. 10/6/2023 submitted by the IG Prison. He has placed reliance upon the original record of the case of the present applicant convict for furlough was considered. He has at the outset submitted that in compliance of the order dtd. 20/3/2023 passed by the Coordinate Bench, the case of the applicant was re- examined by the concerned Authority and accordingly, first furlough leave came to be granted by the respondent authority subject to imposing the condition as mentioned in the order dtd. 24/3/2023. He has placed reliance upon Rule 10 of the Prison (Bombay Furlough and Parole) Rules, 1955. and submitted that the applicant - convict in order to secure the presence of the applicant - convict, who is to be released for the first time on furlough leave, the respondent Authority has imposed such condition.

(2.) Having considered the submissions made by the learned APP and having perused the application of the convict, it transpires that the applicant is convicted for the offence punishable under Ss. 302, 201 read with Sec. 114 of the Indian Penal Code and is awarded life sentence with penalty of fine amount of Rs.6,000.00, failing which he is subjected to undergo imprisonment further period of four months. From the jail records, it transpires that he has undergone sentence of 3 years and 4 months. Considering the aforesaid period, the applicant - convict is entitled to be released on first furlough leave. In the application, the convict has sought relaxation in condition of deposit of amount of Rs.25,000.00 as cash security as prescribed in Form C of the aforesaid Rules. The applicant - convict has offered an explanation about his financial condition. Considering the same, this Court finds that the condition imposed by the concerned authority is required to be modified and reduced to Rs.6000.00. Rest of the condition imposed by the concerned authority stands confirmed. With this observation, present application is disposed of accordingly.