KIRITBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Issue Rule returnable forthwith. Learned Additional Public Prosecutor Mr. Hardik Soni waives services of rule on behalf of the respondents.

(2.) By way of this application the applicant challenges an order passed by the Administrative Officer working in the office of the sanctioning authority dtd. 7/1/2023 whereby the application preferred by the applicant for being released on furlough leave has been rejected.

(3.) Perusing the jail remarks it appears that the applicant who has been convicted for offence punishable under Sec. 302 of the Indian Penal Code and sentenced for life imprisonment, has undergone incarceration of approximately 2 years and 5 months. It appears that while the applicant had been released once on parole leave, the first furlough application of the present applicant is rejected by the authority concerned, and whereas the present application is preferred challenging the same. Perusing the impugned order it would appear that the authority concerned has inter alia rejected the application on two counts namely (1) negative police opinion and (2) negative request by the complainant.