High Court of Gujarat

RAJUBHAI POPATBHAI @ JIVABHAI RATHODversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: SANJEEV THAKER

Holding

The court exercised its discretion to grant the petitioner's request for furlough leave, subject to a personal bond and surrender conditions.

Summary

The petitioner, Rajubhai Popatbhai @ Jivabhai Rathod, filed a Special Criminal Application seeking furlough leave while incarcerated. The Additional Public Prosecutor waived service of notice on behalf of the State, removing procedural obstacle. The court considered the petitioner's request along with remarks from the jail authorities and exercised its discretion in the petitioner's favor. It held that the petitioner could be released on furlough for fourteen days upon furnishing a personal bond of Rs.10,000 to the jail authority. The order directs the petitioner to surrender to the jail at the end of the furlough period and directs the registry to communicate the order to the concerned jail.

Issues considered

Whether the petitioner is entitled to be granted furlough leave under the provisions governing special criminal applications.

Subjects

furlough leavespecial criminal applicationdiscretionpersonal bondjail authorityrelease on bail

Judgment

     R/SCR.A/9734/2026                                         ORDER DATED: 10/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 9734 of
                           2026

==========================================================
                 RAJUBHAI POPATBHAI @ JIVABHAI RATHOD
                                Versus
                       STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                    Date : 10/07/2026

                                     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/9734/2026                                                ORDER DATED: 10/07/2026




                  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 10/07/2026 16:59:57




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