High Court of Gujarat
JESA PARBATBHAI CHAVDAversusSTATE OF GUJARAT
- Decided
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The petition is allowed and the petitioner is granted furlough leave for 14 days upon furnishing a personal bond of Rs.10,000.
Summary
The petitioner, Jesa Parbatbhai Chavda, 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 petitioner's request and the jail’s remarks, and 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 to the jail authority. The petitioner must surrender to the jail authority at the end of the furlough period. The order was communicated to the concerned jail authority.
Issues considered
- Whether the petitioner is entitled to furlough leave under the provisions governing special criminal applications?
- Whether the Court should exercise its discretion to grant furlough in the circumstances?
Subjects
- furlough leave
- special criminal application
- discretion
- personal bond
- jail authority
Judgment
R/SCR.A/9466/2026 ORDER DATED: 09/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 9466 of
2026
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JESA PARBATBHAI CHAVDA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 09/07/2026
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
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R/SCR.A/9466/2026 ORDER DATED: 09/07/2026
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)
M.H. DAVE/83
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/07/2026 15:05:50
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