BHAGWANJI @ BHALU SARMANBHAI KODIYATAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Revision Application has been filed by the applicant-original accused under Section 397 read with Section 401 read with Section 482 of the Code of Criminal Procedure, interalia challenging the judgment and order dated 23.12.2016 passed by the learned 4th additional Sessions Judge, Junagadh in Criminal Appeal No.65 of 2008, whereby the conviction imposed upon the applicant by the learned Judicial Magistrate First Class, Mangrol in Criminal Case No.164 of 2007 vide order dated 07.09.2007 under Section 51(1)B of the Prisons Act for a period of two years is confirmed, whereby the applicant was sentenced to undergo rigorous imprisonment for a period of two years, with fine of Rs. 200/- in default, further simple imprisonment for a period of two months.

(2.) It is the case of the prosecution that the applicant was undergoing conviction in Central Jail, Ahmedabad in connection with the FIR being I-C.R. No. 05 of 2000 registered with Shil Police Station, Junagadh and the applicant was granted parole leave and he had to surrender before the jail authority on 15.02014 but the applicant could not surrender on time. Therefore, the Jailor of central jail, Ahmedabad had given complaint.

(3.) Thereafter, investigation was carried out and statement of the witnesses were recorded and charge-sheet was filed, which was registered as Criminal Case No.164 of 2007. Then, the accused was arrested and sent to Ahmedabad Central Jail.