High Court of Gujarat

SUNIL ALIAS SUNIYO ALIAS CHUNILAL MATHURBHAI VADIversusSTATE OF GUJARAT

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

Holding

The court exercised its discretion and granted the petition, allowing the petitioner furlough leave.

Summary

The petitioner, Sunil alias SuniYo alias Chunilal Mathurbhai Vadi, filed a Special Criminal Application seeking furlough leave while incarcerated. The Additional Public Prosecutor waived service of notice on behalf of the State. The High Court, after considering the petition and jail remarks, 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 order directs the petitioner to surrender to the jail at the end of the furlough period, and the rule is made absolute.

Issues considered

Whether the petitioner is entitled to be granted furlough leave under the applicable legal provisions

Subjects

furlough leaveprisoner rightsspecial criminal applicationdiscretionGujarat High Court

Judgment

     R/SCR.A/11661/2026                                    ORDER DATED: 13/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 11661 of
                            2026

==========================================================
         SUNIL ALIAS SUNIYO ALIAS CHUNILAL MATHURBHAI VADI
                                Versus
                      STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                Date : 13/08/2026

                                 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


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       R/SCR.A/11661/2026                                                     ORDER DATED: 13/08/2026




 furnishing           a     personal          bond        of     Rs.10,000/-           (Rupees          Ten

 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)
 H.M. PATHAN



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HABIBULLAKHAN MOHAMMADKHAN PATHAN(HC00167), GOV, at High Court of Gujarat on 13/08/2026 18:06:30




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