MITESH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application filed by the applicant-convict who has sought furlough leave by the jail authority which was rejected by the authority vide order dtd. 21/12/2022 on the ground that the Police opinion against the applicant-convict is negative, secondly, involved in a serious offence of murder under Sec. 302 of IPC and third is there is no surety is available with the applicant-convict.

(2.) As per the order dtd. 7/2/2023 by this Court, the statement of one Shri Jayeshbhai Narsinhbhai Sarvaiya recorded on 2/2/2023 was taken on record. Shri Jayeshbai Narsinhbhai Sarvaiya, who according to the applicant was is nephew and was to be taken up as a surety of the applicant-convict has submitted that he will not be responsible for any of the untowards incident or any act against the law of the applicant-convict as such he has be reluctant to be a surety in the case of the present applicant-convict. Accordingly, this Court had asked regarding any of the surety who can remain present on behalf of the applicant-convict through the statement of the applicant.

(3.) Today, the learned APP has produced the statement of the present applicant-convict dtd. 11/2/2023, wherein, it is stated that as his surety who is the nephew, nemly Shri Jayeshbhai Narsinhbha Sarvaiya has denied to be his surety. There is no one else in his family who can stand as a surety to the applicant and hence, he has prayed to the Court to pass necessary order upon his application.