Mansing @ Nani Parvatbhai Damor vs State Of Gujarat on 8 December, 2021

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Gujarat High Court

Mansing @ Nani Parvatbhai Damor vs State Of Gujarat on 8 December, 2021

Bench: Rajendra M. Sareen

     R/SCR.A/11688/2021                                    ORDER DATED: 08/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 11688 of 2021

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                     MANSING @ NANI PARVATBHAI DAMOR
                                  Versus
                            STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
MR RONAK RAVAL APP (2) for the Respondent(s) No. 1
RULE NOT RECD BACK(63) for the Respondent(s) No. 2,3
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                Date : 08/12/2021

                                 ORAL ORDER

1. The present application has been preferred by the applicant - convict, through jail, FOR TRANSFER OF JAIL, from Vadodara Central Jail to Jail at Godhara, on rejection of the application by the authority.

2. The applicant has stated in his application that he is resident of Valaiya, Taluka Godhara, District Panchmahal. He has aged parents and they are doing labour work for their survival and the financial condition of his family is very critical. He has also stated that the distance between his native and Vadodara Jail is far and due to distance and financial difficulty, his parents are not coming to meet him in jail at Vadodara Jail. Hence, he has prayed for transfer of jail, as aforesaid.

3. Heard the learned Additional Public Prosecutor for the respondent - State. He has produced the copy of the Resolution bearing No.JLK/112009/2974/Part-I/J dated 19.01.2017, issued by the Government of Gujarat, Home Department, Page 1 of 4 Downloaded on : Wed Jan 12 08:14:19 IST 2022 R/SCR.A/11688/2021 ORDER DATED: 08/12/2021 Sachivalaya, Gandhinagar. The same is consolidated order in respect of Classification of Prisons and Prisoners. The said resolution reads thus:

"RESOLUTION After being discussed and considered in the Legislative and Parliamentary Affairs Department and having taken into consideration the recommendation of Bureau of Police Research and Development (BPR&D), Ministry of Home Affairs, New Delhi, the Government has issued the Gujarat Prisons Classification Rules, 2011 vide different notifications which are referred in the preamble above at serial no.1,2,3 and has classified the jails/prisons on the basis of Capacity to lodge the prisoners and kind of prisoners in the prisons as Central Prison, District Prison, Sub-Prison, Special Prison, Open Prison, women prison and Taluka prison. In view of the said Gujarat Prisons Classification Rules, 2011, the Government has also issued various orders for classifications of prison and prisoners from time to time as mentioned in the preamble above at serial no.4,5,6. The Government has issued instructions General Administration Department's vide letter No.Vahas/ 102015/877(3)ARTD-II, Dtd. 6" July, 2015 to issue co-ordinated/consolidated orders in respect of Government policies covering all Page 2 of 4 Downloaded on : Wed Jan 12 08:14:19 IST 2022 R/SCR.A/11688/2021 ORDER DATED: 08/12/2021 additions/deletions/modifications. The Government is, accordingly pleased to issue consolidated orders in respect of classification of prison and prisoners as per Appendix-I appended herewith as covering additions/ deletions/modifications issued so far under orders mentioned in the preamble above at serial Nos.4,5,6.

Accordingly, the prisoners shall be kept in the Central Prison, District Prison, Sub-Prison, Special Prison, Open Prison, Women Prison and Taluka Prison as per the classification of Prisons

- and Prisoners as specified at Appendix-I appended herewith. However, as per the provision of Section 29(1) and (2) of Prisoners Act, 1900, the State Government and/or the Inspector General of Prisons by general or special order remove any prisoner confined in a Prison from one category/name of Prison to any other category/name of Prison in the state as classified at Appendix-I appended herewith.

By order and in the name of the Governor of Gujarat."

4. From the Appendix-I appended with the resolution dated 19.01.2017 it is clear that the prisoners convicted by Narmada (Rajpipla), Panchmahal (Godhra) and Bharuch Districts for more than one year's sentence are to be kept in Vadodara Central Jail.

Page 3 of 4 Downloaded on : Wed Jan 12 08:14:19 IST 2022

R/SCR.A/11688/2021 ORDER DATED: 08/12/2021 The applicant convict is convicted for the offence under sections 354-A of IPC and sections 4 and 18 of POCSO Act by the Additional Sessions Judge and Special POCSO Court, Panchmahal at Godhra for 5 years. As the convict is convicted by the Court of Panchmahal, he is rightly kept in Vadodara Central Jail.

5. Merely because the applicant has aged parents and they have no money to travel from Godhra to Vadodara jail and distance is far and hence they could not come to meet the convict in jail are no ground to transfer the jail. The grounds pleaded by the convict in the application do not inspire any confidence for transfer of the jail, as prayed for. No case is made out. Hence, present application stands rejected. Rule is discharged.

Registry to communicate this order to the concerned Jail Authority by Fax or Email forthwith.

(RAJENDRA M. SAREEN,J) R.H. PARMAR Page 4 of 4 Downloaded on : Wed Jan 12 08:14:19 IST 2022

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