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High Court of Gujarat

HARESHBHAI BHARATBHAI BHALIYA THRO RAHUL BHARATBHAI BHALIYAversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion and granted the petitioner's request for furlough leave.

Summary

The petitioner, Hareshbai Bharatbai Bhalia, 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 averments and the jail's remarks, exercising its discretion in favor of the petitioner. It ordered the petitioner to be released on a 14‑day furlough upon furnishing a personal bond of Rs.10,000 to the jail authority. The order stipulated that the petitioner must surrender to the jail at the end of the furlough period. The rule was made absolute and direct service was permitted.

Issues considered

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

Subjects

furlough leavespecial criminal applicationdiscretionpersonal bondjail authority

Judgment

     R/SCR.A/11889/2026                                         ORDER DATED: 17/08/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 11889 of
                            2026

==========================================================
     HARESHBHAI BHARATBHAI BHALIYA THRO RAHUL BHARATBHAI
                           BHALIYA
                            Versus
                   STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MS.MANJULA R CHAUHAN(6871) for the Applicant(s) No. 1
MR. NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                     Date : 17/08/2026

                                      ORAL ORDER

1.       This petition 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.       Having heard and considering averments made in the

petition 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

Thousand) to the satisfaction of the concerned jail authority

on usual terms and conditions, with a direction that the




                                         Page 1 of 2
        R/SCR.A/11889/2026                                                    ORDER DATED: 17/08/2026




  petitioner shall surrender to the jail authority on expiry of

  the furlough leave period forthwith.                                 Rule is made absolute

  accordingly.


  4.1      Direct service is permitted.



                                                                           (SANJEEV J.THAKER,J)
  ADITYA SINGH/46



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 17/08/2026 17:18:57




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