Kantibhai Latubhai Rathwa vs State Of Gujarat on 8 December, 2021

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Gujarat High Court

Kantibhai Latubhai Rathwa vs State Of Gujarat on 8 December, 2021

Bench: Rajendra M. Sareen

     R/SCR.A/11242/2021                                    ORDER DATED: 08/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 11242 of 2021

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                          KANTIBHAI LATUBHAI RATHWA
                                     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 Chhota Udepur Sub Jail, on rejection of the application by the authority.

2. The applicant has stated in his application that he is resident of Chhota Udepur and he has old mother and he is the only earning member in the family and is in jail since last 14 years. It is also stated in the application that since the distance between his residence i.e. Chhota Udepur and Baroda Jail is far and even his mother has no money to travel and hence his mother is not in a position to come meet him in 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 08:14:07 IST 2022 R/SCR.A/11242/2021 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 08:14:07 IST 2022 R/SCR.A/11242/2021 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 08:14:07 IST 2022

R/SCR.A/11242/2021 ORDER DATED: 08/12/2021 The applicant convict is convicted for the offence under sections 302 & 376 etc. of IPC by the Additional Sessions Judge, Chhota Udepur for life imprisonment. As the convict is convicted by the Court of Chhota Udepur, he is rightly kept in Vadodara Central Jail.

5. Merely because the applicant has old mother, she has no money to travel from Chhota Udepur to Vadodara jail and distance is far and hence she 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 08:14:07 IST 2022

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