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High Court of Gujarat

RAJESH ALIAS RAJU BALABHAI SOLANKIversusSTATE OF GUJARAT

Disposal
28-REJECTED @ ADM.STAGE

Holding

The court held that there was no justifiable reason to grant furlough leave and dismissed the petition.

Summary

The petitioner, Rajesh alias Raju Balabhai Solanki, filed a special criminal application seeking furlough leave. The jail records showed that he had previously absconded after being released on furlough in 2021 (24 days), on parole in 2021 (19 days), and on temporary bail in 2024 (24 days), and his conduct in jail was deemed unsatisfactory. Based on these facts, the jail authority rejected his furlough application on 03‑06‑2026. The High Court examined whether there was any justification to override the jail's decision and found none, concluding that the discretion of the jail authority should not be disturbed. Consequently, the court dismissed the petition and ordered the registry to inform the jail of its decision.

Issues considered

  • Whether the petitioner is entitled to furlough leave despite prior instances of absconding and poor jail conduct

Subjects

furlough leaveparoletemporary bailabscondingprison conductdiscretionspecial criminal application

Judgment

      R/SCR.A/8941/2026                                      ORDER DATED: 30/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 8941 of
                           2026

==========================================================
                     RAJESH ALIAS RAJU BALABHAI SOLANKI
                                    Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                  Date : 30/06/2026

                                      ORAL ORDER


1.      This petition, through jail, is filed by the petitioner

seeking furlough leave.



2.      The       jail    remarks      indicate       that   earlier     when          the

petitioner was released on furlough in the year 2021, he

absconded for 24 days, when he was released on parole leave

in the year 2021, he absconded for 19 days, when he was

released on temporary bail in the year 2024, he absconded

for 24 days and that his jail conduct is also not good.

Considering all these aspects, the jail authority has passed

the     order       of    rejecting    the     furlough      application      of       the

petitioner vide order dated 03.06.2026.



3.               In view of the above, this Court does not find any



                                        Page 1 of 2
        R/SCR.A/8941/2026                                                                 ORDER DATED: 30/06/2026




justifiable reason to allow this application and thus, is not

inclined            to      exercise           discretion.                  The        petition           is      rejected,

accordingly.



4.         Registry to communicate this order to the concerned jail

authority.


                                                                                       (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 30/06/2026 14:21:23




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