SANTOSH KISHAN SAPKALE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicants herein have prayed for the following reliefs:-

(2.) It is the case of the applicants that the trial Court has not properly considered the sentence aspect of set off in the operative portion of the order. Learned advocate for the applicants submitted that this aspect is required to be considered, as the applicants are behind the bar since long and this Court may consider the prayers sought in the present application after calling for necessary report from the respondent authority.

(3.) Learned APP has tendered a copy of jail report, which indicates that the present applicant no.1 has undergone the sentence of 01 years 02 months and 17 days and further that both the applicants were transferred to the Central Jail, Bhuvneshwar at Odisha. Therefore, the further information about the applicants is not available with the present authority i.e. State of Gujarat. He submitted that he has no objection, if the trial court may be directed to decide the aspect of set off after taking into consideration the relevant material and after giving opportunity to the parties.