Mohammad Shoeb @ Mama Mohammad ... vs State Of Gujarat
2021 Latest Caselaw 5231 Guj

        R/SCR.A/3900/2021                                    ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION NO. 3900 of 2021
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   MOHAMMAD SHOEB @ MAMA MOHAMMAD ASLAM @ ASLAM VAKIL
     SHAIKH THROUGH MEHZABIN MOHAMMED SHOEB SHAIKH
                          Versus
                    STATE OF GUJARAT
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Appearance:
MR V B MALIK(5071) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
Ms. Maithili Mehta, 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 Mr. V B Malik, learned advocate for the applicant and Ms. Maithili Mehta, learned Additional Public Prosecutor for the respondent State through Video Conference. Rule. Ms. Mehta, learned Additional Public Prosecutor waives service of Rule on behalf respondent. The present application is taken up for final hearing forthwith.

2.0. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for regularization of 217 days of his late surrender.

3.0. The petitioner is in Sabarmati Jail in connection with the judgment and order of conviction passed by the learned Additional Sessions Judge, City Civil Court, Ahmedabad in Sessions Case No.144 of 2012 dated 31.12.2015. The record indicates that the appeal being Criminal Appeal No.262 of 2016 is pending before this

R/SCR.A/3900/2021 ORDER

Court. The record indicates that the petitioner was enlarged on furlough vide order dated 16.5.2020 passed by the Jail Authority. However, he did not surrender in time and petitioner is surrendered after 217 days. Mr. Malik, learned advocate for the petitioner has contended that the petitioner has already preferred an application dated 1.2.2021 before the IG, Prison, Gujarat State, which is pending for its consideration.

4.0. Ms. Mehta, learned APP candidly submitted that the competent authority of the State shall decide the pending application for regularization of late surrender in accordance with law.

5.0. As the application is pending before the authority, Mr. Malik, learned advocate for the petitioner also submitted that appropriate direction be issued. Considering the submissions made by the learned advocates for the respective parties and in facts and circumstances of the case, the Jail Authority shall decide the pending application dated 1.2.2021 in accordance with law and considering the reasons which are stated in the application and take appropriate decision within a period of 15 days from today. Learned APP is requested to inform the jail authority about this order. Petition is disposed of accordingly. Rule is made absolute to the aforesaid.

(R.M.CHHAYA, J) KAUSHIK J. RATHOD