Ibrahim Ismail Bhatti vs. State Of Gujarat Chief Secretary

|+SLP (Crl.) 7677/2011

ITEM NO.5 COURT NO.2 SECTION IIB 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).7677/2011 (From the judgement and order dated 08/11/2006 in CRLA No.1000/1997 of The HIGH COURT OF GUJARAT AT AHMEDABAD) IBRAHIM ISMAIL BHATTI Petitioner(s) VERSUS STATE OF GUJARAT Respondent(s) (With appln(s) for c/delay in filing SLP, exemption from filing O.T., bail, c/delay in refiling SLP and office report) Date: 13/02/2012 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE SURINDER SINGH NIJJAR For Petitioner(s) Mr. Pukhrambam Ramesh Kumar, AOR (SCLSC) For Respondent(s) Ms. Hemantika Wahi, AOR Ms. Rojalin Pradhan, Adv. Ms. Jessal, Adv. UPON hearing counsel the Court made the following O R D E R On 16th January, 2012, while considering the petitioner's prayer for grant of bail, we had requested Ms. Hemantika Wahi, learned counsel appearing for the respondent, State of Gujarat, to take instructions as to how much of the sentence the petitioner had already undergone while in custody. Pursuant to the direction given on that SLP (Crl.) 7677/2011 2 date, learned counsel for the petitioner was also directed to bring on record by way of an affidavit, the Certificate which had been produced by him on that date from the Superintendent of the Ahmedabad Central Jail, indicating the number of days that the petitioner had been in custody. From the said Certificate dated 9th January, 2007, issued by the Dy. Superintendent, Ahmedabad Central Prison, it appears that the petitioner has been undergoing sentence in the said Central Prison, since 28th August, 1997. The set-off period has also been indicated in the said Certificate. Today, when the matter is taken up, another Certificate has been produced by Ms. Wahi, issued by the

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Superintendent of Rajkot District Jail, on 18th January, 2012, which gives a totally different picture. From the said Certificate, it appears that the petitioner had not surrendered after the period of temporary bail had expired and had been re-arrested after 2009 days. According to Ms. Wahi, he did not surrender after having been released on temporary bail in June, 2000, and he was re-arrested only in 2005. If that had been the case, the same would surely have been reflected in the Certificate granted by the Dy. Superintendent of the Ahmedabad Central Prison issued on 9 th January, 2007. Not only this, there is no mention of the petitioner having absconded after having been granted temporary bail. On the other hand, the Certificate issued on 9th January, 2007, seems to have indicated that the petitioner has been in continuous custody from 28th August, 1997.

Faced with this situation and having regard to the SLP (Crl.) 7677/2011

seriousness of the matter, we have no option, but to request the Advocate General of the State of Gujarat to look into the matter, examine both the Certificates dated 9th January, 2007 and 18th January, 2012, issued by the Dy. Superintendent, Ahmedabad Central Prison and the Superintendent, Rajkot District Jail, respectively, and to obtain an explanation as to how two contrary Certificates could have been issued by the Jail authorities.

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The Registry is directed to send copies of the two Custody Certificates, along with the copy of this order, to the learned Advocate General of Gujarat, by Friday (17.02.2012), to enable him to provide the necessary explanation, as asked for in terms of this order.

Let this matter stand over till Monday week (27.02.2012) for the aforesaid purpose. Let a copy of the Custody Certificate dated 18th January, 2012, issued by the Superintendent, Rajkot District Jail and produced by Ms. Hemantika Wahi, be kept with the records.

(Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar