GOVABHAI NAGJIBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present applicant has been filed by the petitioner under Article 226 of the Constitution of India praying for grant of furlough leave to the present petitioner challenging the order dtd. 11/10/2023 passed by the Additional Director General of Police dismissing the application filed by the applicant for furlough leave.

(2.) Heard learned senior advocate Mr.Naik for the petitioner.

(3.) Learned APP Mr.J.K.Shah, inter alia, contended that the Hon'ble Apex Court, in its recent judgment in the case of State of Gujarat vs. Narayan @ Narayan Sai @ Mota Bhagwan Asaram @ Asumal Harpalani reported in 2021 SCC Online SC 949 has taken the view that furlough leave is not available to the convict as a matter of right and, therefore, contentions raised by learned senior advocate for the petitioner about the furlough leave being available to the present petitioner by virtue of his right, is not tenable in Law. He further submitted that the present petitioner is a head- strong person and because of his nefarious activity he was required to be shifted from one jail to another jail. He submitted that the State has also invoked provisions of Sec. 268 of the Cr.P.C. against the present petitioner and a necessary Notification, in that regard, has also been issued by the State Government. He further submitted that the conduct of the present petitioner, in jail, is also reported to be not satisfactory. He, therefore, submitted to dismiss the present application.