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CR.MA/3734/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3734 of 2011
In
CRIMINAL
APPEAL No. 82 of 2006
=========================================================
TULASIBHAI
LALJIBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
THROUGH
JAIL for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
RULE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P.P.BHATT
Date
: 05/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Learned
APP Mr.Pandya places on record a circular bearing No.JUD/1/2368/2011
dated 29.4.2011 issued under the signature of Director General of
Police and Inspector General of Police, Prisons, Gujarat State
providing for necessary steps to be taken in the matters of
absconding prisoners while on parole / furlough / temporary bail.
This was required as the Court felt that the applicant herein was
available at a particular place – Surat in connection with his
own treatment and the treatment of his brother who met with the road
accident and sustained serious injuries in the head resulted into
loss of memory and loss of one hand and leg.
The
Court is hopeful that with the implementation of the said circular,
the question of absconding prisoners will be effectively taken.
Coming
to the prayer made in the present application whereby the convict has
prayed for regularization of his late surrender by 701 days from
temporary bail granted in the month of February 2008, the applicant
was lodged back in jail after 701 days after being arrested by the
police. The applicant has explained those 701 days in detail in his
application and he has set out all agonies suffered by his and his
brother’s family during that period. He has also mentioned that
during that period for treatment of his brother, they were required
to sell off the plot situated in Surat and the land belonging to them
in village was also required to be mortgaged. None of the averments
made in this application are effectively controverted by the
authorities though two affidavits are filed, one by Shri Bapubhai
M.Chaudhari, Police Inspector, Raopura Police Station, Vadodara City
and another by Shri J.S.Sonar, In-charge Superintendent of Central
Jail, Vadodara.
In
view of that, this Court is of the opinion that it will be in the
fitness of things and in the interest of justice if the application
is allowed and late surrender is regularized. Order accordingly.
Rule is made absolute.
Copy
of this order be made available to learned APP for its onward
communication.
(RAVI
R.TRIPATHI,J)
(P.P.BHATT,J)
pathan
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