Partly allowed

Rameshbhai Ramlal Kahar v. State of Gujarat

Gujarat HC20 Dec 2021SCR.A/8334/2021

Case brief

AI extract

What is this about?

This court receivied an application by a convict against jail punitive actions including forfeiture of deposit and furlough for repeated absconding. It modified the jail authority's order by directing refund of deposit and reduction of forfeited furlough.

What did the court decide?

Ordered refund of applicant's forfeited deposit and reduction of forfeited furloughs from two and one to one.

Rameshbhai Ramlal Kahar Vs State of Gujarat — Gujarat HC (2021) — LawSathi Research

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R/SCR.A/8334/2021 ORDER DATED: 20/12/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CRIMINAL APPLICATION NO. 8334 of 2021

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RAMESHBHAI RAMLAL KAHAR

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Versus STATE OF GUJARAT

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Appearance:

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THROUGH JAIL(50) for the Applicant(s) No. 1 for the Respondent(s) No. 3 MR MANAN MEHTA, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1 RULE SERVED(64) for the Respondent(s) No. 2

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

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Date : 20/12/2021

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ORAL ORDER

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[1] The present application has been filed by the applicant - convict challenging an order dated 16.07.2021 by the competent authority, rejecting his application praying to set aside the jail punishment.

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[2] Heard learned Additional Public Prosecutor appearing for the respondent- State and I have gone through the jail record of the convict. Pursuant to contents of the application and the jail remarks, it appears that application has undergone 15 years and 4 months imprisonment. Further it appears that applicant has remain absconded for 274 days in the year 2003, when released on temporary bail; in the year 2009, he has remain absconded for 1111 days and in the year 2017, applicant has remain absconded for 272 days, when released

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Page 1 of 3

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R/SCR.A/8334/2021 ORDER DATED: 20/12/2021

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on parole leave and on all the occasions, he was apprehended by the police.

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[3] From the jail record it appears that, for his abscondence in the year 2003, his canteen facility was forfeited for 1 month, his furlough has been forfeited and his deposit was also forfeited. Further, his abscondence in the year 2009, his 2 furloughs were forfeited. Whereas, for his abscondence in the year 2017, his 2 + 1 furloughs have been forfeited.

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[4] As such, for his abscondence for 274 days, three punishments were imposed and therefore, some interference by this Court is needed. Similarly, in case of applicant’s abscondence for 272 days, 2 + 1 furloughs were forfeited. Therefore, the same is also required to be interfered with. On his abscondence for 1111 days, when 2 furloughs are forfeited by the jail authority, it is as per the guidelines by the jail authority and therefore, does not required any interference.

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[5] Considering the period of imprisonment, for applicant’s abscondence in the year 2017, 1 furlough shall be released by the jail authority and that for his abscondence in the year 2003, applicant’s deposit shall be refunded back to the applicant.

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[6] In view of above observations and directions, application is partly allowed to the extent that deposited amount shall be

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Page 2 of 3

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R/SCR.A/8334/2021 ORDER DATED: 20/12/2021

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released in favour of the applicant and instead of 2 + 1 furlough, 1 furlough shall be released in favour of the applicant. Rule is made absolute accordingly. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

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(RAJENDRA M. SAREEN,J)

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DRASHTI K. SHUKLA

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Rameshbhai Ramlal Kahar v. State of Gujarat

Case brief

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Rameshbhai Ramlal Kahar v. State of Gujarat

Case brief

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