NARESH @BHURIYO JAYANTIBHAI BOGHABHAIversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Holding
The court allowed the application, granting furlough leave for 14 days subject to bond, surety and attendance conditions.
Summary
The petitioner, Naresh @Bhuriyo Jayantibai Boghabhai, filed a Special Criminal Application seeking furlough leave from the Gujarat jail. The application pleaded that the grounds mentioned warranted the court's discretion to grant temporary release. The court, after noting the waiver of service of rule by the respondent's counsel, exercised its discretion in favour of the petitioner. It ordered the release of the petitioner on furlough for 14 days, subject to a personal bond and surety of Rs.15,000 each, and required attendance at the police station on alternate days and surrender at the end of the period. The court further clarified that the bond amount could not be reduced and no further extensions would be entertained.
Issues considered
- Whether the court may grant furlough leave to a convicted prisoner under the applicable prison rules
Subjects
Judgment
R/SCR.A/637/2026 ORDER DATED: 19/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 637 of
2026
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NARESH @BHURIYO JAYANTIBHAI BOGHABHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI
Date : 19/01/2026
ORAL ORDER
1. The present application is filed by the Applicant for enlarging
him on Furlough Leave the ground mentioned in the Application.
2. Rule returnable forthwith. Learned APP waives service of
Rule on behalf of the Respondent State.
3. Having considered the ground mentioned in the Application,
this court is inclined to exercise discretion in favour of the
applicant.
4. The application is allowed. The Applicant is ordered to be
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R/SCR.A/637/2026 ORDER DATED: 19/01/2026
released on Furlough Leave for a period of 14 days from the date
of actual release, upon furnishing a personal bond of Rs.15,000/-
(Rupees Fifteen Thousand only) with a surety of the like amount to
the satisfaction of the jail authority, and on a condition that the
Applicant shall mark his presence before the concerned police
station on every alternate day and on a further condition that the
Applicant shall surrender to the Jail authorities on expiry of the
Furlough Leave Period.
5. This Court shall not entertain application for reduction of
amount of personal bond and surety.
6. The application is allowed in the aforesaid terms. It is hereby
clarified that no further extension shall be granted. Rule is made
absolute.
(UTKARSH THAKORBHAI DESAI, J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/01/2026 13:32:28
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