BADSHAH @ AHEMAD ZAVERBHAI MIYAVA Vs. STATE OF GUJARAT
LAWS(GJH)-2021-2-18
HIGH COURT OF GUJARAT
Decided on February 15,2021

Badshah @ Ahemad Zaverbhai Miyava Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

A.P.THAKER, J. - (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 Sections 302, 147, 148, 149 of IPC and Section 135 of the Bombay Police Act. In another offence, the convict is ordered to undergo ten years imprisonment for the offence under Sections 307 and 114 of IPC. 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 17.01.2021 mainly on the grounds as under:­ (i) Prisoner is convicted for serious offence; (ii) His conduct in jail is not good. (iii) Earlier when he was released on leave, he absconded on four occasions and was arrested by police;
(2.) Heard Mr.Raval, 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 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. He has also contended that there is no illegality conducted by the authority by passing the impugned order, which is under challenge. He has prayed to dismiss the application.;


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