High Court of Gujarat

BHUPATBHAI BHIKHABHAI RATHODversusSTATE OF GUJARAT

Disposal: 28-REJECTED @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The court held that due to the petitioner’s prior absconding and unsatisfactory conduct, discretion to grant furlough leave was not exercised and the application was rejected.

Summary

Bhupatbhai Bhikhabhai Rathod filed a special criminal application seeking furlough leave. The jail records indicated that he had previously been released on parole in 2023, subsequently absconded for 185 days, and was later re‑arrested, reflecting poor conduct. The court examined whether the petitioner’s past misconduct warranted the exercise of discretion to grant furlough leave. Considering the prior absconding and the negative jail remarks, the court concluded that it could not exercise its discretion in his favour. Consequently, the application for furlough leave was rejected and the order was directed to be communicated to the jail authority.

Issues considered

Whether furlough leave should be granted to a prisoner who previously absconded after being released on parole and has a record of poor conduct

Subjects

furlough leaveparoleabscondingprisoner conductdiscretionspecial criminal application

Judgment

     R/SCR.A/12168/2026(GJHC240629652026)                                                         ORDER DATED: 20/08/2026




                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 12168 of
                               2026

  ==========================================================
                                   BHUPATBHAI BHIKHABHAI RATHOD
                                               Versus
                                      STATE OF GUJARAT & ORS.
  ==========================================================
  Appearance:
  THROUGH JAIL for the Applicant(s) No. 1
  MR VINAY VISHEN, APP for the Respondent(s) No. 1
  ==========================================================

      CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                    Date : 20/08/2026

                                                       ORAL ORDER


  1.          This petition, through jail, is filed by the petitioner

  seeking furlough leave.



  2.          The         jail       remarks               indicate            that          earlier           when           the

  petitioner was released on parole leave in the year 2023, he

  absconded for 185 days and thereafter, he has been arrested.

  Considering the said aspect and considering the aspect that

  the jail remarks show that the jail conduct is not good, this

  Court is not inclined to exercise discretion.                                                      The petition is

  rejected, accordingly.



  3.          Registry to communicate this order to the concerned jail

  authority.

                                                                                         (SANJEEV J.THAKER,J)
  SRILATHA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/08/2026 14:54:04


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