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Supreme Court - Daily Orders

Sambhubhai Raisangbhai Padhiyar vs The State Of Gujarat on 5 October, 2023

Bench: B.R. Gavai, B.V. Nagarathna, Prashant Kumar Mishra

                                                    1

     ITEM NO.102                            COURT NO.4                  SECTION II-B

                                 S U P R E M E C O U R T O F     I N D I A
                                         RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                       No(s).   9015-
     9016/2019

     (Arising out of impugned final judgment and order dated 03-04-2019
     in CRLCC No. 2/2018 03-04-2019 in CRLA No. 1207/2018 passed by the
     High Court Of Gujarat At Ahmedabad)

     SAMBHUBHAI RAISANGBHAI PADHIYAR                                    Petitioner(s)

                                                   VERSUS

     THE STATE OF GUJARAT                                               Respondent(s)


     WITH
     SLP(Crl) No. 9162/2021 (II-B)

     Date : 05-10-2023 These petitions were called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE B.R. GAVAI
                            HON'BLE MRS. JUSTICE B.V. NAGARATHNA
                            HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA


     For Petitioner(s)
                                      Mr. Arunava Mukherjee, AOR

                                      Mr. Harinder Mohan Singh, AOR
                                      Ms. Shabana, Adv.

     For Respondent(s)
                                     Ms. Swati Ghildiyal, AOR
                                     Ms. Devyani Bhatt, Adv.

                             UPON hearing the counsel the Court made the following
                                                O R D E R

1. In view of the order passed by the Coordinate Bench of this Court on 10.11.2022 in SLP(Crl.) Nos. 5928-5929 of 2022 Signature Not Verified Digitally signed by arising out of the reference capital punishment, we issue the Deepak Singh Date: 2023.10.05 17:08:35 IST Reason: following directions:

(i) The respondent-State shall place before this Court 2 the report(s) of all the Probation Officers relating to the petitioner within a period of eight weeks;
(ii) The Superintendent of the Vadodara Central Jail, Gujarat shall submit a report in regard to the nature of work which has been performed by the petitioner while in jail and a report in regard to the conduct and behaviour of the petitioner while in jail within a period of eight weeks;
(iii) The Head of the Hospital for Mental Health, Vadodara shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the petitioner. The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Gujarat within a period of eight weeks; and
(iv) Ms. Komal is permitted to have access to the petitioner who is presently lodged in Hospital for Mental Health, Vadodara to submit him report in regard to the psychological assessment of the petitioner.

2. The Registry is directed to transmit a copy of this order to the Standing Counsel for the State of Gujarat, who shall, in turn, ensure that the order is communicated to the relevant 3 authorities for compliance. The Registry shall, in addition, send a due intimation to all the concerned authorities immediately for compliance.

3. All the reports shall be duly compiled and placed before this Court on the next date of hearing.

4. Learned counsel for the parties to assist the registry in pagination of the record.

5. List these matters after eight weeks.

6. In the meantime, the Registry is directed to provide the soft copies of the original record(s) to the learned counsel appearing for the parties.

(DEEPAK SINGH)                                        (ANJU KAPOOR)
COURT MASTER (SH)                                  COURT MASTER (NSH)