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High Court of Gujarat

GOPALBHAI BHUPATBHAI BALDHIYAversusSTATE OF GUJARAT

Disposal
38-RULE ABSOLUTE/ALLOWED @ FH

Holding

The court exercised its discretion and granted the petitioner furlough leave for 14 days subject to a bond and area restriction.

Summary

The petitioner, Gopalbhai Bhupatbai Baldhiya, 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, with the condition that he not enter the Rajula area of Amreli district and must surrender to the jail authority at the end of the period. The order was made absolute and directed to be communicated to the concerned jail authority.

Issues considered

  • Whether the petitioner is entitled to furlough leave under the prison rules and the discretion of the court.

Subjects

furlough leavespecial criminal applicationprison discretionbond conditionarea restrictionhigh court order

Judgment

 R/SCR.A/12348/2026(GJHC240638212026)                           ORDER DATED: 24/08/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 12348 of
                            2026
================================================================
                      GOPALBHAI BHUPATBHAI BALDHIYA
                                  Versus
                         STATE OF GUJARAT & ORS.
================================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR DHAWAN JAISWAL, APP for the Respondent(s) No. 1
================================================================
 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                   Date : 24/08/2026
                                    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 furnishing a personal bond of Rs.10,000/- (Rupees

Ten Thousand) to the satisfaction of the concerned jail



                                        Page 1 of 2
 R/SCR.A/12348/2026(GJHC240638212026)                                        ORDER DATED: 24/08/2026




authority on usual terms and conditions and further that

the applicant shall not enter into the area of Rajula,

District:         Amreli,        as      keeping          in     mind        the      reasonable

apprehension shown by the concerned authority that the

applicant has been convicted for the serious offence, 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)




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 24/08/2026 17:32:38




                                              Page 2 of 2


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