RAHULKUMAR SURESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A detailed order came to be passed by this Court on 19.04.2018, which was pursuant to the order passed earlier on 09.04.2018, since, no report was furnished by the jail authority.

(2.) A copy of the said order was sent by the learned APP to the Jail Authority and the Registrar (Judicial) also was asked to file a report before this Court on, or before the next date of hearing.

(3.) This Court notices that DIG, Prisons, filed his affidavit-in-reply for and on behalf of the respondent, who has furnished the details of the number of prisoners, who have absconded and re-arrested in the last 1, 5, 10 and 17 years, respectively. This includes the number of convicts, who were absconding and during abscondance have expired. He has, further, submitted that, if, the convict does not surrender, after he has been released on temporary bail, parole or furlough leave, an FIR is being lodged under the Prisons Act with the concerned police station having jurisdiction over the area. A Furlough Cell is also constituted at every district and city level, pursuant to the Circular dated 01.08.2009 issued by the Director General of Police, Gujarat State, wherein, the directions have been provided for constitution of Furlough Cell and other matters. It is to function under the direct supervision of the Addl. Director General, CID (Crime and Railways), Gujarat State. This also says that not only an arrest warrant needs to be obtained from the concerned Court, following the procedure under Section 73 of the Code. But, if, they are not re-arrested, the procedure under Sections 82 and 83 of the Code shall have to be followed. Moreover, on the television and in newspapers advertisement with his photograph shall have to be published and such photographs and other necessary details shall have to be furnished to the Furlough Cell. The informants also need to be given the prize money or incentive for giving the details of the absconding persons. However, if, it is beyond the territorial jurisdiction of the officer concerned, a proposal shall have to be made to the Home Department, as per the Circular dated 17.11.1999.