HUZEFA MOHAMMED RAFIK BUTLERversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Holding
The Court allowed the application in part, granting a 14‑day furlough leave with bond, sureties, and specific conditions.
Summary
The petitioner, Huzeefa Mohammed Rafik Butler, filed a Special Criminal Application seeking an extension of furlough leave. The High Court of Gujarat heard arguments from the petitioner's counsel, Mr. Salim M. Saiyed, and the State's counsel, Mr. Rohan Raval, who waived service of the rule. Considering the jail remarks and the grounds presented, the Court exercised its discretion in favor of the petitioner. The application was partly allowed, granting the petitioner a 14‑day furlough leave upon furnishing a personal bond of Rs.25,000 with two sureties of Rs.25,000 each, and imposing conditions of daily police station presence, restriction from entering Athwalines Police Station except for marking presence, and surrender at the end of the period. The Court ordered that no further extensions or reductions in bond amount would be entertained, making the rule absolute.
Issues considered
- Whether the petitioner is entitled to be released on furlough leave under the applicable provisions
Subjects
Judgment
R/SCR.A/1437/2026 ORDER DATED: 10/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 1437 of
2026
==========================================================
HUZEFA MOHAMMED RAFIK BUTLER
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR SALIM M SAIYED(5172) for the Applicant(s) No. 1
MR. ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 10/02/2026
ORAL ORDER
1. The present application is led by the applicant for
enlarging him on Furlough Leave on the ground mentioned
in the application.
2. Heard learned Advocate for the Applicants and learned APP
appearing on behalf of the Respondent – State.
3. Rule returnable forthwith. Learned APP waives service of
Rule on behalf of the respondent-State.
4. Having considering the jail remarks and ground mentioned
in the Application, this Court is inclined to exercise
discretion in favour of the applicant.
5. The application is partly allowed. The Applicant is ordered
to be released on Furlough Leave for a period of 14 days
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R/SCR.A/1437/2026 ORDER DATED: 10/02/2026
from the date of actual release, upon furnishing a personal
bond of Rs.25,000/- (Rupees Twenty Five Thousand only)
with two sureties of Rs. 25,000/- each to the satisfaction of
the jail authority, and on a condition that the Applicant shall
mark his presence before the concerned police station
every day and on the condition that the applicant shall not
enter within the geographical limits of Athwalines Police
Station, District Surat except for marking presence and on a
further condition that the Applicant shall surrender to the
Jail authorities on expiry of the Furlough Leave Period.
6. The application is allowed in the aforesaid terms. It is
hereby clari ed that no further extension shall be granted
and further the Court shall not entertain any application for
reduction of amount of Bail bond and surety. Rule is made
absolute.
(UTKARSH THAKORBHAI DESAI, J)
ANIRUDH OJHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANIRUDH OJHA(HC02370), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 10/02/2026 18:22:48
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