HARESHBHAI BHARATBHAI BHALIYA THRO RAHUL BHARATBHAI BHALIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted the petitioner's request for furlough leave.
Summary
The petitioner, Hareshbai Bharatbai Bhalia, filed a special criminal application seeking furlough leave while incarcerated. The Additional Public Prosecutor waived service of notice on behalf of the State. The court considered the petitioner's averments and the jail's remarks, exercising its discretion in favor of the petitioner. It ordered the petitioner to be released on a 14‑day furlough upon furnishing a personal bond of Rs.10,000 to the jail authority. The order stipulated that the petitioner must surrender to the jail at the end of the furlough period. The rule was made absolute and direct service was permitted.
Issues considered
- Whether the petitioner is entitled to be granted furlough leave under the applicable provisions
Subjects
Judgment
R/SCR.A/11889/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 11889 of
2026
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HARESHBHAI BHARATBHAI BHALIYA THRO RAHUL BHARATBHAI
BHALIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MR. NIRAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 17/08/2026
ORAL ORDER
1. This petition is filed by the petitioner seeking furlough
leave.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule on behalf of the respondent – State.
3. Having heard and considering averments made in the
petition as well as the jail remarks, this Court is inclined
to exercise discretion in favour of the present petitioner.
4. The petition, therefore, succeeds and is allowed. The
petitioner is ordered to be released on furlough for a period
of 14 days from the date of his actual release on his
furnishing a personal bond of Rs.10,000/- (Rupees Ten
Thousand) to the satisfaction of the concerned jail authority
on usual terms and conditions, with a direction that the
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R/SCR.A/11889/2026 ORDER DATED: 17/08/2026
petitioner shall surrender to the jail authority on expiry of
the furlough leave period forthwith. Rule is made absolute
accordingly.
4.1 Direct service is permitted.
(SANJEEV J.THAKER,J)
ADITYA SINGH/46
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/08/2026 17:18:57
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