MAHIPAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application through jail has been placed before us as the criminal appeal of the applicant, being Criminal Appeal No. 1095 of 2011, was decided by a Division Bench of this Court in which, one of us, (Justice Biren A. Vaishnav) was a Member.

(2.) The accused-applicant has preferred an application for remission before the appropriate Government. Pursuant to such application, the Jail Authority has addressed a letter to the Registry seeking an opinion of this Court in accordance with the provisions of Sec.432(2) of the Code of Criminal Procedure. The communication dtd. 12/12/2024 of the competent Jail Authority, Vadodara, is perused. Since the conviction was confirmed by the High Court, an opinion has to he rendered by us as to whether the application for remission should be granted.

(3.) The jail record of the applicant indicates that the conduct of the applicant is good. However, the opinion of the Office of Superintendent of Police indicates that there is an apprehension of breach of peace and public order in case the applicant is granted remission.