GOPALBHAI BHUPATBHAI BALDHIYAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion and granted the petitioner furlough leave for 14 days subject to a bond and area restriction.
Summary
The petitioner, Gopalbhai Bhupatbai Baldhiya, filed a Special Criminal Application seeking furlough leave while incarcerated. The Additional Public Prosecutor waived service of notice on behalf of the State. The High Court, after considering the petition and jail remarks, exercised its discretion in favor of the petitioner. The court ordered the petitioner to be released on furlough for 14 days upon furnishing a personal bond of Rs.10,000, with the condition that he not enter the Rajula area of Amreli district and must surrender 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 prison rules and the discretion of the court.
Subjects
Judgment
R/SCR.A/12348/2026(GJHC240638212026) ORDER DATED: 24/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 12348 of
2026
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GOPALBHAI BHUPATBHAI BALDHIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR DHAWAN JAISWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 24/08/2026
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 Thousand) to the satisfaction of the concerned jail
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R/SCR.A/12348/2026(GJHC240638212026) ORDER DATED: 24/08/2026
authority on usual terms and conditions and further that
the applicant shall not enter into the area of Rajula,
District: Amreli, as keeping in mind the reasonable
apprehension shown by the concerned authority that the
applicant has been convicted for the serious offence, 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)
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 24/08/2026 17:32:38
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