Gujarat High Court
Salmanuddin @ Salman Safiyuddin ... vs State Of Gujarat on 22 April, 2021
Bench: R.M.Chhaya
R/SCR.A/3959/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3959 of 2021
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SALMANUDDIN @ SALMAN SAFIYUDDIN SHEIKH
Versus
STATE OF GUJARAT
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Appearance:
THROUGH JAIL(50) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS. NISHA THAKORE, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s)
No. 1
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CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA
Date : 22/04/2021
ORAL ORDER
1.0. Heard Ms. Nisha Thakore, learned Additional Public
Prosecutor for the State through Video Conference. Rule. Ms.
Thakore, learned Additional Public Prosecutor waives service of
notice of Rule on behalf of respondent State.
2.0. By this petition under Article 226 of the Constitution of
India, the petitioner has prayed for regularization of 355 days of his
late surrender.
3.0. The record indicates that the petitioner is convicted for the
offences punishable under Sections 302, 114 and 120B of the
Indian Penal Code by the learned Additional Sessions Judge,
Ahmedabad vide judgment and order dated 3.5.2017 and has been
sentenced to undergo life imprisonment with fine of Rs.20,000/
and in default to undergo one year imprisonment. On verification
of the conduct of the petitioner, it clearly transpires that the
petitioner was first granted temporary bail for 21 days by this Court
and petitioner surrendered late by one day. The petitioner was
R/SCR.A/3959/2021 ORDER
thereafter granted temporary bail by this Court for 14 days in the
year 2015 and on that occasion also, petitioner surrendered late by
4 days. The jail remarks further indicates that this Court again
exercise discretion in favour of the petitioner and granted
temporary bail for 21 days again in 2015. The petitioner did not
surrender in time and was arrested by the police after 23 days. The
jail record indicates that the petitioner was enlarged on furlough
for 14 days by an order passed by the jail authority from
31.07.2019 to 13.08.2019. The jail record indicates that the
petitioner did not surrender in time and remained absconding from
14.8.2019 to 2.8.2020 i.e. for 355 days and ultimately was arrested
by the police authority.
4.0. On perusal of the application, except the fact that he
overstayed at home because of financial difficulties no reasons are
found. The petitioner has prayed for condonation of 355 days in
late surrender to the jail authority. The record indicates that the
petitioner has at four occasions not surrendered in time and lastly
the petitioner was arrested after a period of 355 days. In totality of
facts, no leniency deserves to be shown to the petitioner in case for
regularization of such long period of 355 days in late surrendering
to the jail authority. Considering the conduct of the petitioner, it is
not a fit case to regularize the late surrender of the petitioner.
Petition being merit less and deserves to be dismissed and is hereby
dismissed. Rule is discharged.
(R.M.CHHAYA, J)
KAUSHIK J. RATHOD
