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SCR.A/793/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 793 of 2011
=============================================
CHANDUBHAI
KALUBHAI RAJAT - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=============================================
Appearance
:
THROUGH JAIL 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
This
petition is preferred by the convict to condone the delay of two days
caused in surrendering before the jail authority after the period of
furlough was over and appeal came to be rejected on the ground that
it was not preferred within 60 days of time limit prescribed by the
Circular dated 4.2.2011 issued by the Additional Director General of
Police and Inspector General of Police, Gujarat State, Ahmedabad.
Heard
learned APP for the respondent-State.
Considering
the fact about ailment of the petitioner himself and due to heavy
rainfall for which he could not surrender before the jail authority
within the time and delay occurred of only two days and the appeal
preferred by the petitioner before the jail authority was rejected on
the ground of delay, I deem it just and proper to direct the jail
authority to consider the appeal on merits and pass a reasoned order
within a period of four weeks from today, since the period of 60 days
of preferring an appeal is prescribed by the Circular and there is no
statutory bar.
With
the aforesaid direction, the petition is allowed and the jail
authority is directed to decide the appeal of the convict for
condonation of delay of two days in surrendering before the jail
authority within four weeks from today.
[ANANT
S. DAVE, J.]
//smita//
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