HITESHBHAI BALABHAI VALAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion to grant the petitioner a 14‑day furlough on condition of a personal bond.
Summary
Hiteshbhai Balabhai Vala, an inmate, filed a special criminal application seeking furlough leave. The public prosecutor waived service of notice, and the jail provided remarks supporting the request. The court exercised its discretion, noting the applicant's circumstances and the jail's recommendation, and decided to grant the furlough. The petition was allowed, ordering 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 also directed the petitioner to surrender to the jail at the end of the furlough period.
Issues considered
- What is the appropriate exercise of judicial discretion in granting furlough leave to an inmate?
- Does the waiver of notice by the public prosecutor affect the validity of the furlough application?
Subjects
Judgment
R/SCR.A/12194/2026(GJHC240629772026) ORDER DATED: 20/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 12194 of
2026
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HITESHBHAI BALABHAI VALA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR VINAY VISHEN, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 20/08/2026
ORAL ORDER
1. This petition, through jail, 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. Considering application of the petitioner 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
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R/SCR.A/12194/2026(GJHC240629772026) ORDER DATED: 20/08/2026
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 Registry to communicate this order to the concerned jail
authority, forthwith.
(SANJEEV J.THAKER,J)
SRILATHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/08/2026 14:53:03
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