VISHNUBHAI BUDHABHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of Rule on behalf of the respondent-State.

(2.) By way of this application the applicant-convict prays for modification of condition of grant of 3rd and 4th furlough more particularly the jail authorities having imposed a condition of deposit of Rs.25,000.00 which the applicant has stated to be too onerous more particularly the applicant coming from family of agriculturist not being able to deposit such amount.

(3.) As against the said application, learned APP Ms. Patel would submit that the applicant, who has been sentenced to life imprisonment, on the last occasion when he had been released on furlough leave had absconded for a period of five days and the police authorities were required to apprehend him therefore the condition of Rs.25,000.00 has been imposed by the jail authorities to ensure timely surrender. Learned APP would submit that the applicant not having surrendered in time when he had been released, no indulgence may be granted in his favour.