Plea by state govt over dropping IPC Sec 130: HC refuses urgent hearing request by accused in jailbreak bid case

Among the 14, 11 have been convicted in the blasts case , with nine of them getting the death sentence, while three others have been acquitted of the serial blast charges.

A total of 24 undertrial prisoners were chargesheeted by the Ahmedabad crime branch, including under IPC section 130, which can attract a maximum punishment of life imprisonment. Section 130 IPC pertains to the offence of aiding escape of, rescuing or harbouring a state prisoner or prisoner of war from lawful custody.

An Ahmedabad sessions court had ordered for deletion of the offence from the chargesheet in April 2016 and had observed that the trial is now “exclusively triable by the Court of First Class Magistrate”, remanding it to the magisterial court for trial.

However, the state had challenged the sessions court’s decision before the HC and in June 2016, the Gujarat HC had stayed the order, thus effectively staying the trial in the case.

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Seeking priority for hearing of the matter, the accused’s advocate sought an early date of hearing, while adding that “the state is obliged to make an application for extension of stay, and the stay has expired on June 24…(Because of the stay on the trial) the bail applications are also not being heard on that account.”

The court of Justice Nirzar Desai however remarked, “Let it (stay on trial) operate, it won’t be a priority.” while posting the matter next for August 10.