Gujarat High Court
Vinodbhai vs State on 14 September, 2010
Author: A.M.Kapadia
Bench: A.M.Kapadia
Gujarat High Court Case Information System
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CR.MA/7066/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7066 of 2010
In
CRIMINAL
APPEAL No. 1440 of 2003
=========================================
VINODBHAI
BHIMJIBHAI PARGHI
Versus
STATE
OF GUJARAT
=========================================
Appearance :
MR
MIHIR H PATHAK for Applicant(s) : 1,
MR. H.L.JANI, APP for
Opponent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 14/09/2010
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE A.M.KAPADIA) By filing instant Application, the Applicant / Appellant convict prisoner, who vide judgment and order dated 16.8.2003 rendered in Sessions Case No. 25 of 2002 by the learned Additional Sessions Judge, Fast Track Court No.1, Bhavnagar, has been convicted for the offence punishable under Section 302 of the Indian Penal Code ( IPC for short) and Section 135 of the Bombay Police Act ( BP Act for short) and sentenced to imprisonment for life and fine of Rs.500/- and in default of payment of fine, SI for 1 year for the offence punishable under Section 302 of IPC, and SI for 4 months and fine of Rs.100/- and in default of payment of fine, SI for 1 month for the offence punishable under Section 135 of BP Act, who was not given the benefit of set off under Section 438 of the Code of Criminal Procedure and whose conviction has been altered from 302 IPC to 304 Part-I IPC and sentenced to suffer RI for 10 years and fine of Rs.500/- and in default of payment of fine, further SI for 1 week, and conviction and sentence under Section 135 of the BP Act has been maintained, vide judgment and order dated 4.8.2009 rendered in Criminal Appeal No. 1440 of 2003 by a Division Bench of this Court, has prayed for the following substantive relief enumerated in paragraph 4(B) of the Application:
4(B) YOUR LORDSHIPS may be pleased to clarify and / or modify Order dated 4.8.2009 passed by this Hon'ble Court (Coram: Hon'ble Mr. Justice Bhagwati Prasad and Hon'ble Mr. Justice J.C.Upadhyaya) in captioned Criminal Appeal being NO. 1440/2003 to the extent that the appellant may be given the benefit of the Section 428 of the Code of Criminal Procedure and the Hon'ble Court may further modify the impugned order dated 16.8.2003, passed by the Ld. Lower Court wherein such benefit of Section 428 of Code of Criminal Procedure was not given to the appellant and YOUR LORDSHIP further be pleased to direct the concerned authority to give benefit of section 428 of Code of Criminal Procedure to the applicant.
At the time of hearing of this Application, Mr. H.L.Jani, learned APP for the Opponent State of Gujarat, on the basis of jail remark sheet, sent by the Jail Superintendent, Ahmedabad Central Jail, states that the Applicant / Appellant convict prisoner has been released from the jail authority on 1.5.2010 pursuant to the Resolution dated 29.4.2010 passed by the Home Department, Gujarat State in exercise of powers conferred under Article 161 of the Constitution of India on the occasion of the Golden Jubilee Celebration of the State of Gujarat by giving set off to those convict prisoners, who have completed 75% of imprisonment as on 30.4.2010.
In view of the aforesaid state of affairs, Mr. M.H.Pathak, learned Advocate for the Applicant / Appellant convict prisoner does not press this Application and seeks leave to withdraw the same.
Mr. H.L.Jani, learned APP for the Opponent State of Gujarat has no objection if leave as prayed for is granted.
Hence, leave to withdraw the Application is granted. Application stands disposed of as it is withdrawn.
The jail remark sheet dated 10.9.2010 shall be retained on record of the case.
(A.M.Kapadia,J) (J.C.Upadhyaya,J) Jayanti* Top