BHIMABHAI KANABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has approached this Court upon his application for furlough being rejected by the impugned order dated 12. 08. 2009 on the basis that he was likely to abscond and commit breach of peace, according to the police report, and that he was required to be kept under jail discipline for a longer period. According to jail record, the petitioner has already undergone nearly six years of imprisonment without being ever released on parole, furlough or temporary bail and his behaviour in jail is reported to be good, insofar as no offence or misconduct is reported. Relying upon the papers of police enquiry pursuant to the petitioner's application for furlough, it was submitted by learned A. P. P. that family members of the deceased victim of the offences committed by the petitioner had expressed apprehensions about their security in view of strained relations and their residence is in the same area where the petitioner was likely to be released. It was, however, seen from the statements recorded by the police that the family members of the deceased victim were residing in village Mithi of Mangrol taluka, whereas aged parents of the petitioner are living in the same village in sick condition and the petitioner is to live with his brother at Junagadh. In view of the extreme old age of around 80 years of the petitioner's parents as also his good behaviour in jail and uninterrupted incarceration for six years, it cannot be said that the petitioner is required to be kept under jail discipline for a longer period so as to deny him his due furlough leave. The apprehensions of the relatives of the victim could be taken care of by imposing appropriate conditions for his release.

(2.) THEREFORE, the petition is allowed and the petitioner is ordered to be released on his due furlough leave on such conditions and execution of such bonds as may be prescribed under the rules. Rule is made absolute accordingly.