GULAM YUSUF Vs. STATE OF GUJARAT
LAWS(GJH)-2021-2-27
HIGH COURT OF GUJARAT
Decided on February 24,2021

Gulam Yusuf Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) The present Application has been filed by the applicant-­ convict through jail to release him on furlough leave. The applicant has been convicted and sentenced for life imprisonment for the offences punishable under Section 376 of the Indian Penal Code. 1.1 It is contended by the applicant that he has preferred application for his furlough leave to the authority however, his request have been rejected by I.G. Prison on 06.01.2021 mainly on the grounds as under:-­ (i) Police opinion is negative; (ii) Prisoner is convicted for serious offence; (iii) Prisoner has committed offence on minor girl; (iv) Prisoner and the complainant are residing in same city. (v) There is possibility that the prisoner might commit another offence, if he is released.
(2.) Heard Ms.Thakore, learned APP for the respondent State through Video-­conferencing.
(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 been rejected permanently but liberty has been granted to the applicant to apply after 6 months for furlough. She has also submitted that in view of the jail remarks, it appears that the present convict has committed a very serious offence. 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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