Gujarat High Court
Santosh Kishan Sapkale vs State Of Gujarat on 23 June, 2023
Bench: Sandeep N. Bhatt
R/SCR.A/7261/2021 ORDER DATED: 23/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7261 of 2021
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SANTOSH KISHAN SAPKALE
Versus
STATE OF GUJARAT
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Appearance:
MR DARSHIT KAMDAR, ADVOCATE FOR MR ASHISH M DAGLI(2203) for
the Applicant(s) No. 1,2
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 23/06/2023
ORAL ORDER
1. By way of present application, the applicants herein have
prayed for the following reliefs:-
12(A) be pleased to admit this Special Criminal
Application by issuing appropriate writ, order or
directions directing the Trial Court to examine the
grievance of the petitioners about set off/ period of
custody as ordered by the trial court in Criminal Case
No.986 of 2013 in the operative portion of the order dated
24.03.2021 in the interest of justice.
(B) be pleased to allow this Special Criminal Application
by issuing appropriate writ, order or direction directing
the trial court to examine the grievance of the petitioners
R/SCR.A/7261/2021 ORDER DATED: 23/06/2023
in respect of order as recorded in the operative portion
about custody of the petitioners in the interest of justice.
(C) pending admission and till final disposal of the
petition, be pleased to direct the trial court to examine the
request of the petitioners about grant of set off provided
under section 428 of Criminal Procedure Code and in the
order passed in Criminal Case No.986 of 2013 in the
interest of justice.
(D) be pleased to kindly grant any such other and further
order(s) or relief(s) as may deem fit and proper in interest
of justice.
2. It is the case of the applicants that the trial Court has
not properly considered the sentence aspect of set off in the
operative portion of the order. Learned advocate for the
applicants submitted that this aspect is required to be
considered, as the applicants are behind the bar since long
and this Court may consider the prayers sought in the present
application after calling for necessary report from the
respondent authority.
3. Learned APP has tendered a copy of jail report, which
indicates that the present applicant no.1 has undergone the
R/SCR.A/7261/2021 ORDER DATED: 23/06/2023
sentence of 01 years 02 months and 17 days and further that
both the applicants were transferred to the Central Jail,
Bhuvneshwar at Odisha. Therefore, the further information
about the applicants is not available with the present
authority i.e. State of Gujarat. He submitted that he has no
objection, if the trial court may be directed to decide the
aspect of set off after taking into consideration the relevant
material and after giving opportunity to the parties.
4. I have considered rival submissions made at the bar.
Looking to the said report, the present applicants are not at
present in the jail of this State, as they are shifted to the
Central Jail, Bhuvneshwar at Odisha in the year 2018.
Therefore, it is appropriate to direct the concerned trial Court
to examine the grievance of the applicants about set off/
period of custody as ordered by it in Criminal Case No.986 of
2013, by way of interim order, after giving proper opportunity
to the applicants and considering necessary details, and order
accordingly.
5. It is further directed that the concerned trial Court shall
R/SCR.A/7261/2021 ORDER DATED: 23/06/2023
consider the application of the applicants after considering
the materials available on record and also considering the
judgment reported in 2019 (1) GLH 738 and if required, call
for necessary details from jail authority, Bhuvneshwar at
Odisha and also, from jail authority, Pune and decide the same
in accordance with law, as early as possible, preferably within
four months from the date of receipt of the writ of this order.
6. With above direction, present application stands
disposed of.
(SANDEEP N. BHATT,J)
A. B. VAGHELA
