High Court of Gujarat

RAJESHBHAI RAMESHBHAI SAROLAversusSTATE OF GUJARAT

Disposal: 28-REJECTED @ ADM.STAGE
Bench: P M RAVAL

Holding

The court held that the petition fails and furlough leave is denied.

Summary

The petitioner, Rajeshbhai Rameshbhai Sarola, filed a Special Criminal Application seeking furlough leave after his request was rejected by the competent authority. He was convicted on 1 October 2025 for an offence punishable under Section 302 of the Indian Penal Code. The State, represented by the Additional Public Prosecutor, highlighted that the petitioner had previously absconded while on temporary bail for periods of 274 and 302 days and that his conduct in jail was unsatisfactory. The court examined whether the petitioner’s history warranted the exercise of discretion to grant furlough leave. Finding the petitioner’s record indicative of a risk to public safety and non‑compliance, the court declined to exercise its discretion. Consequently, the petition was rejected and the order was directed to the jail authority.

Issues considered

Whether a convicted person under Section 302 IPC, with a history of absconding and unsatisfactory jail conduct, is entitled to furlough leave under the Special Criminal Application.

Legislation cited

Indian Penal Code, 1860s. 302

Subjects

furlough leaveSpecial Criminal ApplicationdiscretionSection 302 IPCabscondingjail conduct

Judgment

     R/SCR.A/4233/2026                          ORDER DATED: 02/04/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE)
                 NO. 4233 of 2026

================================================
            RAJESHBHAI RAMESHBHAI SAROLA
                          Versus
                STATE OF GUJARAT & ORS.
================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR ROHAN SHAH, APP for the Respondent(s) No. 1
================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                          Date : 02/04/2026

                           ORAL ORDER


1.     This petition is filed by the petitioner, through jail, seeking
furlough leave on the ground that his furlough leave has been
rejected by the competent authority.


2.     Rule. Learned Additional Public Prosecutor waives service
on behalf of the respondent – State.


3.     Having heard the learned Additional Public Prosecutor for
the State and perusing the jail remarks, it appears that the
petitioner is recently convicted for the offence punishable under
Section 302 etc. of the Indian Penal Code, 1860 (IPC) on 01.10.2025.

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             R/SCR.A/4233/2026                                                             ORDER DATED: 02/04/2026




      Further, earlier when he was released on temporary bail, twice he
      absconded for 274 and 302 days, respectively, and could be lodged
      back only by the police. Moreover, his conduct in jail is also not
      satisfactory.              Therefore, the Court is not inclined to exercise
      discretion.


      4.         The petition, therefore, fails and is rejected, accordingly.
      Rule is discharged.


      4.1        Registry to communicate this order to the concerned jail
      authority, forthwith.


                                                                                                 [ P. M. Raval, J. ]
      hiren/19tss2426




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/04/2026 14:18:55



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