High Court of Gujarat

JESA PARBATBHAI CHAVDAversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: SANJEEV THAKER

Holding

The petition is allowed and the petitioner is granted furlough leave for 14 days upon furnishing a personal bond of Rs.10,000.

Summary

The petitioner, Jesa Parbatbhai Chavda, filed a Special Criminal Application seeking furlough leave while incarcerated. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court considered the petitioner's request and the jail’s remarks, and 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 to the jail authority. The petitioner must surrender to the jail authority at the end of the furlough period. The order was communicated to the concerned jail authority.

Issues considered

Whether the petitioner is entitled to furlough leave under the provisions governing special criminal applications?
Whether the Court should exercise its discretion to grant furlough in the circumstances?

Subjects

furlough leavespecial criminal applicationdiscretionpersonal bondjail authority

Judgment

     R/SCR.A/9466/2026                                         ORDER DATED: 09/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 9466 of
                           2026

==========================================================
                            JESA PARBATBHAI CHAVDA
                                     Versus
                            STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                    Date : 09/07/2026

                                     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



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       R/SCR.A/9466/2026                                                               ORDER DATED: 09/07/2026




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)
M.H. DAVE/83

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 09/07/2026 15:05:50




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