ANWARULHAQ KAMRULHAQ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate for the petitioner, Mr. Aftabhusen Ansari and learned APP, Ms. Manisha Lavkumar for the respondent No. 1-State.

(2.) IT is submitted by Mr. Ansari for the petitioner that the request of the petitioner-convict prisoner for furlough leave is pending before the concerned authority since long and the convict was conveyed that taking into consideration his past history and jail conduct, his request was rejected. Another reason for rejection of his request for furlough leave given by the authority was that in 2003, a Division Bench of this Court vide order dated 7-11-2003 passed in Cri. Misc. Appln. No. 8366 of 2003 has rejected his temporary bail application on the ground that the convict prisoner was involved in serious crime. According to him, no specific reasons have been assigned by the competent authority for rejection of his request for furlough leave. Although the convict prisoner has been in jail for more than 11 years and as many as five furlough leaves are due, his request was being rejected on each occasion and hence, it is requested that the convict prisoner may be granted furlough leave.

(3.) LEARNED APP, Ms. Manisha Lavkumar for the respondent No. 1-State, has submitted that since the reason shown for grant of furlough leave by the convict prisoner was to visit his native place situated at Badayu in the State of Uttar Pradesh, a report was called for from the Superintendent of Police, Badayu, and it is not received. Though they have sent several reminders, report is yet not received. It is further submitted that jail conduct of the convict is also not good as per the jail report. Jail record also shows that on 25-11-2008, he is reported to have abused the Wardon and quarrelled with him and snatched away the confidential register and escort form and tore them out and he was punished for the same also. In view of the above, it is requested that this Special Criminal Application be dismissed.