SANTOSH SHRIRAM GUPTA 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 an order dtd. 28/2/2023 passed by the Administrative Officer with the office of the sanctioning authority whereby application for being released on the first furlough leave has been rejected.

(3.) Perusing the order it would appear that the concerned authority had rejected the application for four different reasons namely (1) the offence committed by the applicant under Sec. 376(a) (b) of the Indian Penal Code and under Sec. 377 of the Indian Penal Code being serious offences; (2) negative police opinion; (3) complainant raising an apprehension that the applicant might cause some bodily or financial injury to the complainant which resulted in negative police opinion and (4) negative police opinion of the place where the applicant is residing.