State of Gujarat v. Jahid @ Javed Kutubuddin Shaikh
2022-03-09
MAUNA M.BHATT, SONIA GOKANI
body2022
DigiLaw.ai
ORDER : 1. For confirmation of order of death sentence to the accused, passed on 18.02.2022 under the provisions of Section 366 of the Criminal Procedure Code read with para 317 of the Criminal Manual, with the submission of copies of judgment of Sessions Case No. 38 of 2009 from the file of Special Designated Judge who has conducted the trial of the said Sessions Case at the City Civil and Sessions Court, learned Principal District Judge has forwarded his communication dated 02/03.03.2022 along with the letter no.63 of 2022. 2. It is a case where in all 38 accused have been awarded the death sentence after convicting them under Sections 302 read with Section 34 and 109 of the Indian Penal Code and Sections 10, 16(1)(A)(B) of the Unlawful Activities (Prevention) Act, 1967. 3. Noticing both the provisions of Section 366 of the Criminal Procedure Code as also para 317 of the Criminal Manual, after hearing learned Public Prosecutor Mr. Mitesh Amin assisted by learned Additional Public Prosecutor Ms. Jhaveri, we deem it appropriate to issue Notices to all, making it returnable , on expiry of appeal period which shall be calculated from 18.02.2022, on 09.06.2022. The registry shall, on the returnable date, place before this Court the details of appeals which may have been preferred by then. The service of notice shall be effected through the jail authority to each convict. The Registrar (Judicial) shall ensure the due service to each one of the by coordinating with the Superintendents of concerned Central Jails. 3.1. As per the submission of learned Public Prosecutor, the convicts are since housed at different Central Jails, the details of which have been provided by a separate annexure. The service shall be effected to each one of them as under:- 3.2. The Jail Superintendent shall ensure that each one of them is given to understand the availability of free legal aid under the statute and shall also make the same available to them. 3.3. The e-mail ID of the High Court Legal Service Committee (HCLSC) legalaid-hcguj@nic.in shall also be made available to them. In the event of their desire to avail such legal aid, the Secretary, High Court Legal Service Committee, and in the event of such request shall respond on urgent basis and make such legal aid available.