(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Learned APP Ms. Jirga Jhaveri had produced the jail remarks on 04.12.2012. On perusal of jail record it was noticed that the convict has undergone 9 years and 1 month as on 03.12.2012. The Court inquired as to whether the convict has ever enjoyed any leave during this period of 9 years. The learned APP sought time to produce modified/rectified jail remarks. The time was granted and today the learned APP Ms.Jirga Jhaveri places on record a copy of communication dated 26.12.2012 received from the office of Additional Director General of Police and Inspector General of Police, Gujarat State, Ahmedabad, and on instructions from the said office, states that in future the authorities will be careful in submitting the jail remarks.
2. The learned APP Ms.Jirga Jhaveri also places on record the modified/rectified jail remarks, wherein the period undergone in jail comes to 8 years 8 months and 28 days as on 25.12.2012. There are in between six breaks showing the period from which the convict has gone out of jail.
3. In view of above, the Court restrained itself from taking any stricter view in the matter. The Court has kept the Criminal Appeal on 21st January, 2013 for admission hearing. After the appeal is admitted, it will be possible for the Court to consider the present application for grant of bail. The matter is adjourned to 21st January, 2013.
(RAVI R.TRIPATHI, J.) (R.D.KOTHARI, J.) Tuvar Page 2 of 2