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SCR.A/2002/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2002 of 2009
=========================================================
YAKUB
ISMAILBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
HEMANT B RAVAL for
Applicant(s) : 1,
MR RC KODEKAR, APP for Respondent(s) : 1,
NOTICE
UNSERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 12/01/2010
ORAL
ORDER
Petitioner
is undergoing life imprisonment. He seeks, what according to him, is
a benefit of remissions available under the law. It is the case of
the petitioner that if remission is granted, he would have served out
the entire sentence quite some time back. His application is not
finally decided by the Government. Petitioner earlier approached
this Court by filing Special Civil Application No.2255/2008, which
was disposed of on 21.04.2009 permitting the petitioner to prefer an
application before the Inspector General (Prison) who was directed to
decide in accordance with law as early as possible, preferably within
one month from the date of receipt of the application. It is not in
dispute that such an application was filed on 27th April,
2009. This application was not decided as desired by this Court.
Since the said application was not disposed for a substantial time,
the petitioner filed fresh application i.e. present one on 16th
September, 2009. Notice was issued on 4th December, 2009
making it returnable on 29.12.2009. So far application of the
petitioner is not disposed.
Though
this Court had desired that application shall be disposed of
preferably within one month, for more than seven months, the same has
not been disposed off. Learned Additional Public Prosecutor
submitted that the application is pending with the Government and is
under active consideration.
At
the request of learned Addl. Public Prosecutor, adjourned to 27th
January, 2010. On that date, the respondent shall place on record
the decision of the Government on the application of the petitioner,
failing which I.G. (Prison) shall remain present before the Court to
explain the cause of delay.
Copy
of the order be given to learned Addl. Public Prosecutor.
(Akil
Kureshi, J.)
menon
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