Gujarat High Court
Hemantkumar Nagindas Modi vs State on 13 June, 2013
Author: S.H.Vora
Bench: S.H.Vora
HEMANTKUMAR NAGINDAS MODI....Applicant(s)V/SSTATE OF GUJARAT R/SCR.A/2738/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 2738 of 2013 ==================================== HEMANTKUMAR NAGINDAS MODI....Applicant(s) Versus STATE OF GUJARAT & 2....Respondent(s) ==================================== Appearance: MS JAYSHREE C BHATT, ADVOCATE for the Applicant(s) No. 1 MR L.B. DABHI, APP for the Respondent(s) No. 1 ==================================== CORAM: HONOURABLE MR.JUSTICE S.H.VORA Date : 12/12/2013 ORAL ORDER
1. By present petition, the convict challenges the order dated 13/06/2013, whereby, his furlough leave is rejected on account of late surrender by 984 days, when he was released on parole during 14/10/2008 to 02/11/2008. From the jail remarks, it appears that for late surrendering by 984 days, the convict s first furlough leave is forfeited. Now, it appears that the convict is entitled for second and third furlough leave, as per the provisions of furlough system.
2. Under the circumstances, if the petitioner applies for his second and third furlough leave, the jail authority will consider the same in accordance with the rules and without being influenced by the fact of late surrendering by 984 days, as his first furlough leave has already been forfeited.
3. With above observations, present petition is disposed of. Direct service is permitted.
[ S. H. Vora, J. ] hiren Page 2 of 2