(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. On 04/12/2012, learned APP Ms. Jirga Jhaveri was granted time to produce modified/ rectified jail remarks. Learned APP places on record a copy of Warrant of Commitment on a sentence of imprisonment or fine if passed by a Magistrate or Sessions Judge dated 20/07/2012.
Learned APP submits that the said communication Warrant of Commitment on a sentence of imprisonment does not contain required details in Column No.2, wherein, the details are required to be stated about: Whether released on Bail? if so, by which Court and the date on which he was released . In absence of the details of Column No.2, the jail authorities could not work out the set off period. The said warrant is under the signature of learned Additional Sessions Judge, Viramgam.
2. The Registry is directed to send a xerox copy of Warrant of Commitment on a sentence of imprisonment to the learned Additional Sessions Judge, Viramgam, calling for an explanation as to why Column No.2 is left blank.
3. This warrant is supposed to have been received by the responsible officer in Ahmedabad Central Prison. That officer did not notice at the time of receiving this warrant which is dated 20/07/2012. If he had noticed this particular fact and if he had asked for those details, then the inconvenience caused to the Court and time wasted by the Court could have been avoided.
4. The Registry is directed to send a xerox copy of Warrant of Commitment on a sentence of imprisonment to the office of the Inspector General of Police (Prison), to enable him to inquire as to who received this warrant and why did he not take necessary action on having found column no.2 blank in this warrant. The explanation from the Court of learned Additional Sessions Judge, Viramgam and from the office of the Inspector General of Police (Prison) be placed before this Court. The Registry shall mention in the communication that the explanation be furnished at the earliest, without any avoidable delay.
5. So far as grant of relief prayed for by the convict in this application is concerned, the appeal is not yet admitted, hence, this Court is not passing any orders in that regard. The matter be listed for furnishing the explanation received pursuant to the aforesaid directions on 26th December, 2012.
(RAVI R.TRIPATHI, J.) (R.D.KOTHARI, J.) aruna Page 3 of 3