SHAIKH SABBIRHUSAIN HUSENMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application filed by the applicant convict seeking regularization of the 500 days late surrender. Mr.Raval, learned advocate for the applicant has placed on record the additional affidavit dtd. 4/2/2023 along with the additional affidavit relevant papers have been placed on record which mainly includes the copy of the medical bills in support of the contention that the daughter of the applicant was pregnant and his presence was required to take care of his daughter as her husband viz. Yasir Abdulsalam was at Sharjah as he was working as Safety Officer. Reliance is also placed on the copy of the passport of the said Yasir Abdulsalam. Further reliance is placed upon the document which goes to suggest that in similar kind of cases, the office of IG, Prison has condoned the late surrender. This Court upon inquiry from Mr. Raval, learned advocate that whether the documents placed on record were forming part of record in the proceedings before the respondent authority. Mr. Raval submitted that said documents have been placed on record for the first time before this Court.

(2.) Ms. Patel, learned Additional Government Pleader has appeared on behalf of the respondent State. She has placed reliance upon the jail remarks and has objected to grant present application. However, she is unable to dispute the fact as submitted by the learned advocate for the applicant as regards the documents are placed on record by way of additional affidavit were not forming part of original proceedings before the respondent State Authority.

(3.) Considering the averments made in the additional affidavit, the Court is of the opinion that let respondent State Authority may re-examine the case of the applicant convict for regularization. In absence of record and proceeding being examined by this Court, it would be appropriate to remit back the applicant -convict to produce the documents relied upon by the applicant -convict in the additional affidavit placed before this Court. Present application stands disposed of as not entertained with a direction to the respondent State Authority to re-examine the case of the applicant-convict with a liberty to the applicant to place on record the additional documents, which he has placed reliance in the present application. This Court has otherwise not gone into the merits of the case. The respondent State Authority is directed to decide such application which may be preferred by the present applicant preferably within a period of one month from the date of receipt of such application. Present application stands disposed of accordingly.