ITEM NO.4 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s). 476/2022
FIROZ ISMAIL GHANCHI Petitioner(s)
VERSUS
THE STATE OF GUJARAT & ORS. Respondent(s)
(FOR ADMISSION and IA No.181847/2022-INTERIM BAIL and IA No.181846/2022-EXEMPTION FROM FILING O.T. )
Date : 13-01-2023 This petition was called on for hearing today.
CORAM : HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
For Petitioner(s) Mr. V. Sridhar Reddy, Adv.
Mr. Vishnu Pazhanganat, Adv.
Mr. Kumar Neeraj, Adv.
Mr. Manoj Rajpoot, Adv.
Mr. Rohit Jaiswal, Adv.
Mr. Abhijit Sengupta, AOR
For Respondent(s) Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv
UPON hearing the counsel the Court made the following
O R D E R
1 The petitioner is undergoing a sentence of imprisonment for life for offences punishable under Sections 498A and 302 of the Indian Penal Code 1860 and has undergone imprisonment for twenty years and two months as on 12 January 2023.2
2 The Home Department of the Government of Gujarat, by an order dated 23 September 2021, rejected the application for the grant of premature release.
3 The counter affidavit which has been filed by the Superintendent of Police, Central Jail, Rajkot indicates that after a year had elapsed, the Superintendent of Police, by a letter dated 20 September 2022 requested the District Magistrate,Morbi to furnish a fresh opinion under Section 432(2) of the Code of Criminal Procedure 1973 in order to place it before the Jail Advisory Board for reconsideration. Likewise, on 20 September 2022 a fresh opinion was sought of the Additional Sessions Judge, Morbi. The Superintendent of Police, by a letter dated 28 September 2022 and the District Magistrate, Morbi, by a letter dated 11 October 2022, have given negative opinions.
4 The Additional District Judge, Morbi by a letter dated 15 December 2022 opined that a lenient approach may be adopted and it would be advisable to consider the application for release keeping in view the conduct of the convict during his custody in the jail, age and other relevant circumstances.
5 The counter affidavit states that the opinions which have been received would be placed before the Jail Advisory Committee as soon as it is constituted and an appropriate order would thereafter be passed by the Board after which it would be placed before the competent authority in the State of Gujarat for obtaining final directions for the early release of the petitioner.
6 The conviction of the petitioner traces back to 14 June 2004. Consequently, having due regard to the settled position in law as laid down by this Court, the application for premature release would have to be considered in terms of the policy as it existed on the date of the conviction unless a more libralised policy is brought into force subsequently.
7 We accordingly direct that the State of Gujarat shall take a final decision on the application of the petitioner for premature release based on the parameters which have been set out above no later than by 30 April 2023.
8 The writ petition is accordingly disposed of.
9 Pending applications, if any, stand disposed of.
(GULSHAN KUMAR ARORA) (MATHEW ABRAHAM)
AR-CUM-PS COURT MASTER