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SCR.A/2471/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2471 of 2010
=========================================
KIRITBHAI
KANUBHAI DESAI - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MS KRINA CALLA, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 09/12/2010
ORAL
ORDER
1. Rule.
Ms. Krina Calla, learned
Additional Public Prosecutor waives service of notice of Rule on
behalf of respondent No.1 – State. In the facts and
circumstances of the case and with the consent of learned advocates
appearing on behalf of the respective parties, application is taken
up for final hearing today.
2. Present
application has been preferred by the applicant original accused –
convict Kiritbhai Kanubhai Desai through jail for an appropriate
order to quash and set aside the action of the respondent No.3 –
I.G. (Prison) to forfeit his 6/7 furlough leaves and also to quash
and set aside the order passed by the I.G. (Prison) rejecting his
application for furlough leave on the ground that he was absconding
for the period between 2001 to 2010.
3. From
the application it appears that it is the case on behalf of the
applicant that on one hand his 6/7 furlough leaves which is earned by
him for the period between 2001 to 2010 is taken away and on the
other hand on the aforesaid
ground his subsequent furlough application has been
rejected. The aforesaid has no substance. While the applicant was
absconding for the period between 2001 to 2010, he was not in
imprisonment and therefore, it cannot be said that he had earned any
furlough leaves for the aforesaid period. He is entitled to furlough
leave provided he is in imprisonment. It is to be noted that for 10
years i.e. for the period between 2001 to 2010, he was absconding and
therefore, it cannot be said that the authority has committed any
error and/or illegality in rejecting the application submitted by the
applicant to release him on furlough leave.
4. In
view of the above and for the reasons stated above, there is no
substance in the present application which deserves to be dismissed
and is, accordingly, dismissed. Rule is discharged.
(M.R.
Shah, J.)
*menon
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