VIKRAMSINH CHANDRASINH JETHVA Vs. STATE OF GUJARAT
LAWS(GJH)-2021-2-13
HIGH COURT OF GUJARAT
Decided on February 09,2021

Vikramsinh Chandrasinh Jethva Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

A.P.THAKER,J. - (1.) The present Application has been filed by the applicant­ convict through Jail contending that he is in jail since last 2 years and 9 months as he has been convicted and sentenced for life imprisonment in POCSO Case No. 59/2018 by the learned Special POCSO Additional Sessions Court, Vadodara vide judgment and order dated 22.1.2020. 1.1 It is contended by the applicant that he has preferred application for his 1st furlough leave to the authority however, his request have been rejected by the concerned authority on 29.9.2020 namely on the three grounds namely:­ (i) The Police has given negative opinion about his conduct; (ii) Prisoner is convicted in for the offences punishable under Section 302, 363, 377, 201 of IPC and Section 3(a), 5(m), of the POCSO Act for life imprisonment; (iii) The complainant has apprehended that if the prisoner is released on Furlough leave he will create a threat to their life.
(2.) Heard Ms. Moxa Thakkar, learned APP for the respondent State through Video­conferencing.
(3.) Learned APP for the respondent State has submitted that there is Rule 4(6) of the Prisons (Bombay Furlough and Parole) Rules, 1959 (hereinafter referred to as 'Rules') for the forfeiture of the furlough. As per the impugned order, furlough has not rejected permanently but liberty has been granted to the applicant to apply after 6 months for furlough. She has also submitted that in iview of the jail remarks, it appears that the present convict has habit of commiting offences. She has also contended that there is no illegality conducted by the authority by passing the impugned order, which is under challenge. She has prayed to dismiss the application.;


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