HYDERKHAN LALKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-Prisoner challenges the order of punishment imposed by respondent No. 3-Superintendent of Sabarmati Central Jail and confirmed by Inspector General of Prisons. The petitioner had absconded and was apprehended by Police after 799 days and he thereby committed prison offence.

(2.) The petitioner was involved in a murder case in 1974 and was arrested on 5-8-1974. He was tried and convicted by the Sessions Court, Bombay and was awarded death sentence subject to the confirmation by High Court. That judgment was pronounced on 16-10-1975. The High Court of Bombay confirmed the conviction, but awarded the sentence of life imprisonment. Thereafter on 15-4-1977, the petitioner was transferred from Central Jail, Yeravada (Maharashtra) to Sabarmati Central Jail in Gujarat.

(3.) On 8-4-1985, the petitioner was released on parole for seven days and he overstayed by 116 days unauthorisedly and surrendered on 10- 8-1985.