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CR.A/497/2005 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 497 of 2005
=========================================
VAJUBHAI
DHANJIBHAI SHEKHALIYA(VAGHRI) - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Opponent(s)
=========================================
Appearance
:
MR ANIL N
MEHTA for
Appellant(s) : 1,
MR HH PARIKH, LD. ADDL. PUBLIC PROSECUTOR for
Opponent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 22/09/2010
ORAL
ORDER
Today
the present Appeal is listed for final hearing before this Court.
Mr.H.H. Parikh, learned Additional Public Prosecutor, is present in
the Court.
Mr.Parikh
has produced on record Jail Report. It appears from the said Jail
Report that the appellant was granted temporary bail on the ground
of marriage of his brother for a period of 10 days from 20th
February 2007 to 01st March 2007. The appellant was to
surrender before the Jail Authority on 02nd March 2007,
but he has not appeared before the Jail Authority since then and has
remained absconding till date.
It
also transpires from the said Jail Report that under Section 51(1)
of the Prisons Act, complaint to the said effect was lodged against
the present appellant on 05th April 2007 with Sabarmati
Police Station vide office letter no.1925/2007.
During
the hearing of the conviction appeals by this Court, it has come to
the notice of this Court that in some of the appeals, listed for
hearing before the Court, several accused-convicts are reported
absconding and as a result of which the Court is unable to take up
the appeals for hearing. It has also come to the notice of this
Court that due to absconding accused-convicts, pendency of appeals
are increasing.
It
has also came to the notice of this Court that in Criminal Appeal
No.713 of 2002, Division Bench of this Court has also passed an
order with regard to absconding accused-convicts and suggestions
were invited from the State Government. The then Secretary, Home
Department, Government of Gujarat and the then Additional Director
General of Police, Government of Gujarat had also filed affidavits
in the said proceedings and assurances were also given.
Today,
after six months of the said order, same situation has cropped up
before this Court. Mr.H.H. Parikh, learned Additional Public
Prosecutor, is unable to say anything on this issue. Hence, it is
necessary to verify from the Inspector General of Police (Prisons)
as to in how many matters Jail Authority has filed First Information
Reports in connection with the absconding prisoners and the result
in connection with such First Information Reports, if any, filed by
the Jail Authority with the concerned Police Stations, so that,
being the highest Forum in the State, appropriate orders can be
passed with respect to the same.
Hence,
I am of the opinion that report with respect to the absconding
prisoners from all over the State is required to be called for from
the Inspector General of Police (Prisons).
Issue
Notice,
returnable on 04th
October 2010 to the Inspector General of Police (Prisons) to submit
report, regarding absconding prisoners from all over the State and
what steps are taken in that regard, through the officer not below
the rank of Jail Superintendent.
It
has also came to the notice of this Court that from the Sabarmati
Jail, so many prisoners are absconding and First Information Reports
with respect to the same were registered with Sabarmati Police
Station. Hence, Police Inspector, Sabarmati Police Station is also
directed to remain personally present before this Court on the next
date of hearing, i.e. 04th
October 2010, in connection with the First Information Reports
registered through Sabarmati Jail regarding absconding prisoners
along with progress report.
Office
is directed to send a copy of this order to the Inspector General of
Police (Prisons) as well as to the Police Inspector, Sabarmati
Police Station through Deputy Commissioner of Police, Zone II.
(Z.
K. Saiyed, J)
Anup
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