PRAFULBHAI MERAMBHAI CHHAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for seeking direction qua the respondent authorities to consider the case of the petitioner for remission and/or commutation of sentence under the provisions of Sec. 432 , 433 and 433A of the Code of Criminal Procedure, 1973 and further directed to release the petitioner from jail, who is at present undergoing life imprisonment at Special Jail, Porbandar being convict (prisoner No.:3415).

(2.) Heard Ms. Alka Vaniya, the learned advocate for Ms. K.D. Parmar, the learned advocate appearing for the petitioner and Ms. Maithili D. Mehta, the learned Additional Public Prosecutor appearing for the respondent - State.

(3.) Ms. Maithili Mehta, the learned Additional Public Prosecutor appearing for the respondent State has placed reliance on the affidavit in reply filed by the respondent No.4 and more particularly para 10 of the affidavit, which reads thus :-