High Court of Gujarat
BHIKHABHAI BACHUBHAI LADHERversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion to grant the petitioner furlough leave upon personal bond, thereby allowing the petition.
Summary
Bhikhabhai Bachubhai Ladher, an inmate, filed a Special Criminal Application seeking furlough leave. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court, after considering the application and jail remarks, exercised its discretion in favor of the petitioner. The petition was allowed, granting a 14‑day furlough on condition that the petitioner furnishes a personal bond of Rs.10,000 and surrenders to the jail authority at the end of the period. The order was made absolute and directed to be communicated to the concerned jail authority.
Issues considered
- Whether the petitioner is entitled to furlough leave under the applicable prison rules.
- Whether the waiver of notice by the prosecutor affects the court's discretion to grant furlough.
Subjects
- furlough leave
- special criminal application
- discretion
- personal bond
- prison law
Judgment
R/SCR.A/12207/2026(GJHC240633102026) ORDER DATED: 20/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 12207 of
2026
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BHIKHABHAI BACHUBHAI LADHER
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/12207/2026(GJHC240633102026) 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 14:52:30
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