High Court of Gujarat

YUVRAJSINH JASVANTSINH PADHIYARversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: P M RAVAL

Holding

The court held that the petitioner is entitled to a 14‑day furlough leave upon furnishing a personal bond of Rs 10,000.

Summary

The petitioner, Yuvrajsinh Jasvantsinh Padhiar, filed a Special Criminal Application seeking furlough leave while incarcerated. The Additional Public Prosecutor waived service of notice of rule on behalf of the State. The jail authorities reported that the petitioner’s conduct in jail was satisfactory. Exercising its discretion, the court found the application meritorious and granted the petition. It ordered the petitioner’s release on furlough for a period of fourteen days upon furnishing a personal bond of Rs 10,000, with a direction to surrender to the jail authority at the expiry of the leave. 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 service of notice by the Additional Public Prosecutor affects the petition
Whether the court may exercise discretion to grant furlough based on the petitioner’s conduct

Subjects

furlough leaveprisoner's temporary releasecourt discretionpersonal bondjail conductspecial criminal application

Judgment

      R/SCR.A/5267/2026                           ORDER DATED: 20/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 5267 of
                           2026

==========================================================
                      YUVRAJSINH JASVANTSINH PADHIYAR
                                   Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
KRUTIK PARIKH APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                              Date : 20/04/2026

                               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 which indicate that his conduct in jail is satisfactory, 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


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             R/SCR.A/5267/2026                                                                     ORDER DATED: 20/04/2026




     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.

                                                                                                              (P. M. RAVAL, J)
     MMP

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/04/2026
17:42:54




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