YAKUB ISMAILBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petitioner is accused in Sessions Case No. 101 of 1996 and he was arrested on September, 17. 1995 for the offences punishable under Section 302 of IPC. At the end of the trial, the applicant was convicted by the Sessions Court by order dated 13. 2. 1998 and the petitioner was awarded life imprisonment.

(2.) LEARNED advocate Mr. J. M. Shah for the accused submitted an application before the IG Prison for granting remission as per the order passed by the Government on 14. 8. 1997. The said application was rejected by the IG Prisons holding that on 14. 8. 1997, the present petitioner (accused) was not convicted but he was only in judicial custody (kachha kam Prisoner ). Reliance has been placed by the learned advocate on a decision of the Bombay High Court in the case of Chottu Ratan Lal Panekar v. State of Maharashtra wherein a similarly placed prisoner has been granted the benefit of remission declared on 15. 8. 1997 on which date, the accused was not sentenced. Therefore, the present petitioner is also entitled to get the said benefit as per the order of the Government dated 14. 8. 1997.

(3.) IN view of the above, the petitioner is directed to prefer an application before the ig Prisons and if such an application is moved by the petitioner, then the IG prisons will decide the same in accordance with law as early as possible preferably within one month from the date of receipt of the application where the petitioner can raise his contentions as well as the aforesaid judgment.