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1 - 4 of 4 (0.18 seconds)The Code of Criminal Procedure, 1973
Vikas Narendrabhai vs State Of Gujarat & Anr on 4 February, 2014
In the case of Vikas Narendrabhai
(supra), the Division Bench after
considering the provisions of Section 48A
of the Prisons Act and Rule 1287 of the
Gujarat Jail Manual has observed that, if
any prisoner fails without sufficient
cause to observe any of the conditions on
which his sentence was suspended,
remitted or furlough or parole was
granted to him, he shall be deemed to
have committed a prison offence, and the
Superintendent may, after obtaining his
explanation, punish such offence as
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R/SCR.A/13382/2022 ORDER DATED: 22/12/2022
provided under the Prisons Act. The
Division Bench has further observed that
if the temporary bail is granted in
exercise of the powers conferred under
the Code of Criminal Procedure, the Court
would have no power to set aside
subsequent punishment imposed under the
Jail Manual nor can it regularise the
default committed by the petitioner after
the imposition of punishment. The Code of
Criminal Procedure does not permit the
Appellate Court granting suspension of
sentence to set aside the subsequent
offence committed under the Prisons Act
for violation of the condition of
suspension of the sentence passed in
exercise of its power to grant temporary
bail, and thus, held that the petitioner
would be entitled to have condonation of
delay in surrendering before the jail
authority and the appropriate authority
has to decide such questions in
accordance with law if the aggrieved
approaches such authority.
Punjab Jail Manual
1