High Court of Gujarat

NAITIKBHAI NIRANJANBHAI GAMITversusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: SANJEEV THAKER

Holding

The petition is allowed, granting the petitioner a 14‑day furlough on personal bond.

Summary

The petitioner, Naitikbhai Niranjanbhai Gamit, 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 jail's remarks that the petitioner was last released in December 2025 and had satisfactory conduct. Exercising its discretion, the court allowed the petition, granting a 14‑day furlough on the condition of a personal bond of Rs.10,000 and requiring the petitioner to surrender at the end of the period. The order was made absolute and directed to be communicated to the jail authority.

Issues considered

Whether the petitioner is entitled to furlough leave under the applicable provisions.
Whether the waiver of service of notice by the Additional Public Prosecutor is permissible.

Subjects

furlough leavespecial criminal applicationjail conductpersonal bondsurrenderdiscretion

Judgment

      R/SCR.A/6255/2026                              ORDER DATED: 01/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 6255 of
                           2026

==========================================================
                          NAITIKBHAI NIRANJANBHAI GAMIT
                                       Versus
                             STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                 Date : 01/05/2026

                                  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 which indicate that the petitioner was lastly released in
the month of December, 2025, and that, his conduct in jail is
satisfactory, 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


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           R/SCR.A/6255/2026                                                                  ORDER DATED: 01/05/2026




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

                                                                                           (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 01/05/2026 14:55:08




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