KALPESH GUNWANTLAL SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Mukesh Patel waives service of Rule on behalf of respondents.

(2.) The petitioner, Convict No.75048, undergoing sentence at Central Prison, Vadodara, by this writ petition under Article 226 of the Constitution of India, is praying for declaration that he is entitled to furlough leave and for direction to the respondents to grant him earned furlough which became due in the year 1997 and 1999 on any suitable condition which this Court may deem fit, just and proper. Prayer has also been made for quashing and setting aside of the order dated 25/06/1999 passed by Dy.I.G. Prison, Gujarat State, Ahmedabad, under which his prayer for releasing him on furlough leave has been declined.

(3.) The facts of the case are that the petitioner was prosecuted by Kapadwanj Police Station for the offence punishable under Section 302 of the Indian Penal Code. The learned Sessions Court, Nadiad, under its judgment and order dated 4.5.1992, convicted the petitioner and sentenced him for life imprisonment. Against this judgment of the learned Sessions Judge, Nadiad, the petitioner preferred Criminal Appeal No.465 of 1992 in this Court and that came to be dismissed by the Division Bench (Coram: R.K.Abichandani & K.R.Vyas, J.J.) on 29.6.92, meaning thereby, the conviction and sentence ordered against the petitioner by the learned trial Court has been confirmed.