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SCR.A/691/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 691 of 2011
=============================================
ANWARHUSAIN
ABDUL RASHID SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=============================================
Appearance
:
MS JAYSHREE C BHATT for
Applicant(s) : 1,
MR JK SHAH ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 26/04/2011
ORAL
ORDER
Heard
learned advocate for the petitioner.
It
is submitted that the petitioner-convict is denied furlough on the
ground that co-accused who was granted temporary bail have absconded
and therefore, the applicant is not entitled.
Heard
learned APP for the respondent-State.
The
above reasonings of the authority dated 25.3.2011 in denying the
furlough of petitioner is based on extraneous consideration and when
the jail record of the petitioner is good and in the past he has
surrendered in time whenever he was granted release, I deem it just
and proper to direct the authority to grant him furlough leave
without any influence that the co-accused have not surrendered after
temporary bail. The letter dated 25.3.2011 of the competent
authority is hereby quashed and set aside. If the petitioner makes
an application, it is to be decided within two weeks from the date of
receipt of such an application.
With
the aforesaid, this petition stands disposed of. Direct service is
permitted
[ANANT
S. DAVE, J.]
//smita//
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