JANGUBHAI KHUMSINGBHAI RATHVAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion to grant the petitioner furlough leave for 14 days upon furnishing a personal bond of Rs.10,000.
Summary
Jangubhai Khumsingbhai Rathva filed a special criminal application seeking furlough leave while in custody. The Additional Public Prosecutor waived service of notice on behalf of the State. The court considered the petitioner's averments and jail remarks and exercised its discretion in his favor. It ordered the petitioner to be released on furlough for 14 days upon furnishing a personal bond of Rs.10,000 to the jail authority. 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 of criminal procedure.
Subjects
Judgment
R/SCR.A/12023/2026 ORDER DATED: 18/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 12023 of
2026
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JANGUBHAI KHUMSINGBHAI RATHVA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 18/08/2026
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
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R/SCR.A/12023/2026 ORDER DATED: 18/08/2026
Ten Thousand) to the satisfaction of the concerned jail
authority on usual terms and conditions, with a direction
that the 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)
Manoj Kumar Rai
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 18/08/2026 15:07:18
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