ALPESHBHAI BHIKHABHAI KHAKHDIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Issue Rule returnable forthwith. Learned APP waives service of rule on behalf of the respondents.

(2.) By way of this application the applicant challenges order dtd. 5/1/2023 passed by the Additional Director General of Police (Prison), communicated through his office whereby application for being released on furlough leave has been rejected.

(3.) Perusal of the said order would reveal that two considerations had weighed with the authority concerned namely (1) that if released the applicant might create a law and order situation and that he might not surrendered in time and (2) the applicant, was convicted for an offence punishable under Sec. 307 of the Indian Penal Code read with Sec. 135 of the Gujarat Police Act.