Shivabhai Dhulabhai Rathodiya vs. The State Of Gujarat Through Chief Secretary Home Department
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Order Issued After Hearing
Purpose:
After Week/Month/Vacation
Before:
Hon'ble Sanjay Kishan Kaul, Hon'ble K.M. Joseph
Stage:
AFTER NOTICE (FOR ADMISSION) - CRIMINAL CASES
Remarks:
Dismissed
Listed On:
20 Jan 2020
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
44330/2019,44331/2019,
Original Order Copy
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Order Text
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 171/2019
(Arising out of impugned final judgment and order dated 24-06-2013 in CRLA No. 1888/2006 passed by the High Court of Gujarat at Ahmedabad)
SHIVABHAI DHULABHAI RATHODIYA Petitioner(s)
VERSUS
THE STATE OF GUJARAT Respondent(s)
(IA No. 44331/2019 - EXEMPTION FROM FILING O.T. IA No. 44330/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 20-01-2020 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH
| For Petitioner(s) | Mr. M.K.Tiwari,Adv. |
|---|---|
| (SCLSC) | Mr. Khushant Wadhwa,Adv. |
| Mr. Chiranjeev Johri,Adv. | |
| Mr. Pradeep Kumar Mathur,Adv. | |
| For Mrs. Laxmi Arvind, AOR | |
| For Respondent(s) | Ms. Aastha Mehta,Adv. |
| Ms. Vishakha,Adv. | |
| Mr. Aniruddha P. Mayee, AOR |
UPON hearing the counsel the Court made the following O R D E R
We have heard learned counsel for the parties.
We are not inclined to intertere with the impugned order. We however find from the Custody Certificate dated 9th November, 2018 that the total sentence undergone by the petitioner is more than thirteen years. Digitally signed by ANITA MALHOTRA Date: 2020.01.21 17:31:17 IST Reason: Signature Not Verified
Thus, on date the petitioner would have spent more than
1
fourteen years in custody and thus his case as per norms is required to be considered for release.
The State Government to process the case and take a decision on the same within a maximum period of one month.
The special leave petition is dismissed in the aforesaid terms.
Pending applications shall also stand disposed of.
COURT MASTER COURT MASTER
(ANITA MALHOTRA) (ANITA RANI AHUJA)