High Court of Gujarat

HAMID HUSENBHAI HINGORAversusSTATE OF GUJARAT

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

Holding

The court exercised its discretion and granted the petitioner furlough leave for 14 days upon furnishing a personal bond.

Summary

Hamid Husenbai Hingora filed a special criminal application seeking furlough leave from jail. 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 and exercised its discretion in his favour. 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 petitioner must surrender to the jail at the end of the furlough period. The rule was made absolute.

Issues considered

Whether the petitioner is entitled to be granted furlough leave from jail?

Subjects

furlough leavecriminal procedurediscretionary reliefpersonal bondjail authority

Judgment

     R/SCR.A/11982/2026                                   ORDER DATED: 18/08/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 11982 of
                            2026
================================================================
                          HAMID HUSENBHAI HINGORA
                                    Versus
                           STATE OF GUJARAT & ORS.
================================================================
Appearance:
MR KAVAN K PATEL(11303) for the Applicant(s) No. 1
MR. SUHAIL Z SAIYED(6690) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
================================================================
 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                  Date : 18/08/2026
                                   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




                                      Page 1 of 2
       R/SCR.A/11982/2026                                                 ORDER DATED: 18/08/2026




 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 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)




 Manoj Kumar Rai




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANOJKUMAR RAI(HC01072), PRIVATE SECRETARY, at High Court of Gujarat on 18/08/2026 15:06:35




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