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High Court of Gujarat

BABUBHAI LAKHUBHAI SOLANKIversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion and granted the petitioner a 14‑day furlough leave upon furnishing a personal bond of Rs.10,000.

Summary

The petitioner, Babubhai Lakhubhai Solanki, filed a Special Criminal Application seeking furlough leave while incarcerated. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court considered the petition and jail remarks and exercised its discretion in favor of the petitioner. It ordered the petitioner to be released on furlough for 14 days upon furnishing a personal bond of Rs.10,000 to the jail authority. The order required the petitioner to surrender to the jail at the end of the furlough period, and the rule was made absolute.

Issues considered

  • Whether the petitioner is entitled to furlough leave under the applicable prison rules
  • Whether the court may exercise discretion to grant furlough in the circumstances
  • Whether a personal bond is a valid condition for granting furlough

Subjects

furlough leavespecial criminal applicationcourt discretionpersonal bondprison law

Judgment

     R/SCR.A/9087/2026                                         ORDER DATED: 02/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 9087 of
                           2026

==========================================================
                          BABUBHAI LAKHUBHAI SOLANKI
                                     Versus
                            STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                    Date : 02/07/2026

                                     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



                                        Page 1 of 2
                R/SCR.A/9087/2026                                                 ORDER DATED: 02/07/2026




          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)
          URIL RANA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 02/07/2026 15:27:48




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