High Court of Gujarat

ALAMGIR MIYA HANIFKHAN PATHANversusSTATE OF GUJARAT

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

Holding

The Court exercised its discretion and granted the petitioner a 14‑day furlough leave upon furnishing a personal bond of Rs.10,000.

Summary

The petitioner, Alamgir Miya Hanifkhan Pathan, filed a Special Criminal Application seeking furlough leave while in jail. The Additional Public Prosecutor waived service of notice on behalf of the State. The Court considered the petition and jail remarks and exercised its discretion in favor of the petitioner. The petition was allowed, granting a 14‑day furlough on condition that the petitioner furnishes a personal bond of Rs.10,000 to the jail authority. The order directs the petitioner to surrender to the jail at the end of the furlough period and directs the registry to communicate the order to the jail.

Issues considered

Whether the petitioner is entitled to be granted furlough leave under the applicable prison rules

Subjects

furlough leavespecial criminal applicationdiscretionpersonal bondprison lawGujarat

Judgment

     R/SCR.A/9766/2026                                         ORDER DATED: 10/07/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CRIMINAL APPLICATION (FURLOUGH LEAVE) NO. 9766 of
                           2026

==========================================================
                         ALAMGIR MIYA HANIFKHAN PATHAN
                                      Versus
                            STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                    Date : 10/07/2026

                                     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/9766/2026                                                 ORDER DATED: 10/07/2026




          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)
          URIL RANA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RANA URIL K(HC01406), PRIVATE SECRETARY, at High Court of Gujarat on 10/07/2026 16:59:16




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