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SCR.A/1208/2008 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1208 of 2008
=========================================================
BALDEV
SOMABHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for Applicant(s)
: 1,
Mr Ashish Desai, Addl.PUBLIC PROSECUTOR for Respondent(s) :
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 26/06/2008
ORAL
ORDER
1. Heard
the learned APP for the respondents. While rejecting the furlough
leave application preferred by the present petitioner vide order
dated 21.4.2008, it was held that a proposal is made before the
Government for not granting furlough leave to those prisoners who
have been convicted under section 364 of the IPC, which is under
consideration before the Government. The order is passed on
21.4.2008 but till today, no decision is taken by the Government for
the above referred proposal made by the I.G. (Prisons).
2. As
the existing rules for granting furlough are in force, I.G. (Prisons)
is directed to consider granting of furlough and decide the furlough
application of the present petitioner in accordance with law, without
waiting for the decision of the Government as early as possible,
preferably within 15 days from the date of receipt of the
application.
3. In
view of the above, this application is dismissed.
[M.D.
SHAH, J.]
msp
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