High Court of Gujarat

AAKASH RAMANUJ MORYAversusSTATE OF GUJARAT

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: P M RAVAL

Holding

The petition is allowed and the petitioner is granted 14 days of furlough leave subject to bond and reporting conditions.

Summary

The petitioner, Aakash Ramanuj Morya, filed a Special Criminal Application seeking furlough leave after the competent authority rejected his request. The Additional Public Prosecutor appeared for the State. The Court examined the authority's order and exercised its discretion. It held that the petition should succeed and granted the petitioner a 14‑day furlough on condition of furnishing a personal bond of Rs.10,000 and reporting to the nearest police station every alternate day, with a requirement to surrender at the end of the period. The order was directed to be communicated to the jail immediately.

Issues considered

What is the appropriate exercise of judicial discretion in granting furlough leave when the competent authority has rejected the application?
Whether the petitioner is entitled to furlough leave under the applicable prison rules despite the prior rejection.

Subjects

furlough leaveprison lawspecial criminal applicationjudicial discretionpersonal bondpolice reporting

Judgment

     R/SCR.A/3813/2026                            ORDER DATED: 20/03/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE)
                 NO. 3813 of 2026

================================================
             AAKASH RAMANUJ MORYA
                          Versus
              STATE OF GUJARAT & ORS.
================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR ROHAN SHAH, APP for the Respondent(s) No. 1
================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                          Date : 20/03/2026

                           ORAL ORDER


1.     This petition is filed by the petitioner, through jail, seeking
furlough leave on the ground that his furlough leave has been
rejected by the competent authority.


2.     Rule. Learned Additional Public Prosecutor waives service
on behalf of the respondent – State.


3.     Heard, learned Additional Public Prosecutor for the State.


4.     Having heard and perusing the order of the competent
authority vis-avis the application of the petitioner as well as the jail

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         R/SCR.A/3813/2026                                                            ORDER DATED: 20/03/2026




  remarks, this Court is inclined to exercise discretion.


  5.        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 further condition that he shall mark presence
  before the nearest police station every alternate day and that he
  shall surrender to the jail authority on expiry of the furlough leave
  period forthwith.


  5.1       Registry to communicate this order to the concerned jail
  authority, forthwith.


                                                                                             [ P. M. Raval, J. ]
  hiren/48tss20326




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/03/2026 15:36:22




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