Dismissed

Mango @ Mangalbhai Pratapbhai Pagi v. State of Gujarat

Gujarat HC7 Dec 2021SCR.A/11188/2021

Case brief

AI extract

What is this about?

In this special criminal application, a convict prisoner sought transfer of his jail from Baroda to Godhra, citing his wife's illiteracy and the distance preventing her from visiting. The High Court of Gujarat examined the applicable government resolutions and the grounds pleaded, finding them lacking merit, and rejected the transfer prayer.

What did the court decide?

Application for transfer of jail from Baroda to Godhra is rejected; rule is discharged.

Mango @ Mangalbhai Pratapbhai Pagi Vs State of… — Writ and Judicial Review | Gujarat HC (2021)

¶1

R/SCR.A/11188/2021 ORDER DATED: 07/12/2021

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/SPECIAL CRIMINAL APPLICATION NO. 11188 of 2021

¶4

========================================================== MANGO @ MANGALBHAI PRATAPBHAI PAGI Versus STATE OF GUJARAT

¶5

==========================================================

¶6

Appearance:

¶7

THROUGH JAIL(50) for the Applicant(s) No. 1 MR RONAK RAVAL APP (2) for the Respondent(s) No. 1 RULE SERVED(64) for the Respondent(s) No. 2

¶8

==========================================================

¶9

CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

¶10

Date : 07/12/2021

¶11

ORAL ORDER

¶12

The present application has been preferred by the applicant – convict, through jail, FOR TRANSFER OF JAIL, from Baroda Jail to Godhra Jail, on transfer of the application by the authority.

¶13

The applicant has stated in his application that he is resident of village Veraiya, Taluka Khanpur, District Mahisagar and is having family consisting of his wife and minor children. It is also stated by him that he is the only earning member in the family and there is nobody to look-after the family. He has further stated that he is in jail since last 12 years and 9 months. He has further stated that his wife is illiterate and distance between the Khanpur and Baroda is too far and hence his wife is not coming to meet him and hence he has prayed for transfer of jail, as aforesaid.

¶14

Heard the learned Additional Public Prosecutor for the respondent – State. He has produced the copy of the Resolution

¶15

Page 1 of 4

¶16

R/SCR.A/11188/2021 ORDER DATED: 07/12/2021

¶17

bearing No.JLK/112009/2974/Part-I/J dated 19.01.2017, issued by the Government of Gujarat, Home Department, Sachivalaya, Gandhinagar. The same is consolidated order in respect of Classification of Prisons and Prisoners. The said resolution reads thus:

¶18

“RESOLUTION

¶19

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

¶20

Page 2 of 4

¶21

R/SCR.A/11188/2021 ORDER DATED: 07/12/2021

¶22

Government policies covering all 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.

¶23

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.

¶24

By order and in the name of the Governor of Gujarat.”

¶25

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

¶26

Page 3 of 4

¶27

R/SCR.A/11188/2021 ORDER DATED: 07/12/2021

¶28

than one year’s sentence are to be kept in Vadodara Central Jail. The applicant convict is convicted for the offence under sections 376 etc. of IPC by the Additional Sessions Judge, Godhra for life imprisonment. As the convict is convicted by the Court of Godhra, he is rightly kept in Vadodara Central Jail.

¶29

Merely because the wife of the convict is illiterate and the distance is far and therefore she is not visiting the jail to meet the convict since last 6 years. The convict is in jail since last more than 12 years and his wife not visiting jail since last 6 years, meaning thereby for initial 6 years, she visited jail to meet the convict. The grounds pleaded by the convict 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.

¶30

Registry to communicate this order to the concerned Jail Authority by Fax or Email forthwith .

¶31

(RAJENDRA M. SAREEN,J)

¶32

R.H. PARMAR

¶33

Page 4 of 4

Mango @ Mangalbhai Pratapbhai Pagi v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Mango @ Mangalbhai Pratapbhai Pagi v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shaileshbhai Kabhaibhai Parmar Vs State of Gujarat

Tusharkumar Himmatlal Thakkar Vs State of Gujarat

Hasmukhbhai Rajabhai Parmar Vs State of Gujarat

Surabhai Nagabhai Modhvadiya Vs State of Gujarat

Bilal Abdulla Ismail Badam Ghanchi Thro Badam Nafisabibi Bilal Vs State of Gujarat

Padji Pratapji Thakor Vs State of Gujarat