HIMANSHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned Additional Public Prosecutor Mr. R.C.Kodekar waives service of rule on behalf of the respondent - State.

(2.) By way of the present application, the applicant - convict challenges an order passed by the Administrative Officer attached with the office of Sectioning Authority dtd. 2/3/2023 whereby the first furlough application of the applicant has been rejected.

(3.) Perusal of the impugned order reveals that two aspects have weighed with the concerned authority while rejecting the application for grant of first furlough namely (i) that the police, where the applicant would be residing, have given a negative opinion as regards there being a possibility of the applicant disturbing peace and tranquility, and (ii) that the first informant has voiced an apprehension that if the applicant is released on furlough leave, the applicant might cause some harm to the complainant and/or his family members.