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2012 Supreme(Guj) 99

M.R.SHAH
Kalim Ahmed – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
Imtiyaj M.Kureshi, Aftabhusen Ansari, Jayant Panchal

JUDGMENT

( 1. ) AS common question of law and facts arise in this group of petitions, they are disposed of by this common judgment and order.

( 2. ) IN all these petitions respective petitioners have prayed for an appropriate writ, direction and order directing the jail authorities to grant benefit of set off of the days undergone by the respective petitioners as undertrial prisoner in other special Pota Cases for a period he has remained in judicial custody in other Pota Cases.

( 3. ) AT the outset, Shri Ansari, learned advocate for the respective petitioners has stated at the bar that respective petitioners are not challenging the communication dated 5.11.1988 and they are challenging the decision of the jail authorities in denying the benefit of set off against the period of detention / imprisonment undergone by them in connection with other Cases only.

( 4. ) IN all these petitions respective petitioners came to be arrested in three different Pota Cases and in all the three Pota Cases they came to be convicted. In one of the Pota Case, the respective petitioners are sentenced to undergo life imprisonment. It is the case of the respective petitioners that the respective petitioner

























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