Gujarat High Court
Madhabhai Punjabhai vs State Of Gujarat & on 9 May, 2014
Bench: Bhaskar Bhattacharya, J.B.Pardiwala
R/CR.MA/5407/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR DIRECTION) NO. 5407 of 2014
In CRIMINAL APPEAL NO. 283 of 2002
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MADHABHAI PUNJABHAI....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS CM SHAH, ADDL. PUBLIC PROSECUTOR for Respondent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR.
BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 09/05/2014
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) This matter has been placed before us by the Registry which is sent by the jail authority for the opinion of this Bench as confirming Bench which affirmed the sentence of life imprisonment of the applicant, in terms of section 433A of the Code of Criminal Procedure.
It appears from the application filed by the convict that the same is addressed to Her Excellency the Governor of the State. In case an application is addressed by an applicant to His/Her Excellency the Governor of a State, it necessarily follows that he prayed for the relief in terms of Article 161 of the Constitution of Page 1 of 2 R/CR.MA/5407/2014 ORDER India and in such case, the opinion of the appellate Bench which affirmed the sentence is not necessary. It further appears from the application that at the same time, it is described as one under section 433A of the Code of Criminal Procedure.
In such circumstances, we send the matter back to the jail authority for clarifying whether the convict wants to invoke Article 161 of the Constitution of India or he wants to approach the State Government in terms of section 433A of the Code. If the convict wants to approach the State Government under section 433A of the Code, only in such case, we can express our opinion.
The matter be sent back to the jail authority for clarifying the position.
Let the matter appear on 9th June 2014.
Let a copy of this order be handed over to Ms. Shah, the learned APP for communication to the jail authority.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) pirzada Page 2 of 2