Gujarat High Court
Samir Husenbhai Shaikh vs State Of Gujarat on 2 September, 2021
Bench: B.N. Karia
R/SCR.A/7947/2021 ORDER DATED: 02/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7947 of 2021
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SAMIR HUSENBHAI SHAIKH
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
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 02/09/2021
ORAL ORDER
Rule. Learned APP waives service of notice of rule for and
on behalf of the respondent-State.
By way of present application, the applicant has prayed
to regularize the late surrender of 34 days when he was on
furlough leave during the month of July, 2020 by the
authorities.
Heard learned APP for the respondent-State.
Learned APP for the respondent-State has strongly
objected the prayer made by the applicant and submitted that
when the applicant was released on furlough leave for 14 days
during the month of July, 2020, he was surrendered late
before the jail authorities by 34 days. That, the application for
regularizing late surrender has been rejected by the
Administrative Officer, Office of the Prisons and Reforms
R/SCR.A/7947/2021 ORDER DATED: 02/09/2021
Administration, Government of Gujarat, Ahmedabad vide
order dated 22.02.2021. Thus, it was submitted by learned
APP for the respondent-State to dismiss present application.
Having considered the contents of the application filed by
the applicant; having heard learned APP for the respondent-
State as well as perused the papers and jail remarks available
on record, it appears that the applicant was released on
furlough leave by the competent authority for 14 days, at that
time, he was surrendered late before the jail authorities by 34
days because of pandemic situation of Covid-19, lockdown
and financial problems of his family, and in this connection,
the applicant has approached the competent authority with a
request to regularize his late surrender period, but vide order
dated 22.02.2021, Administrative Officer, Office of the Prisons
and Reforms Administration, Government of Gujarat,
Ahmedabad has rejected his application.
It further appears that co-ordinate bench of this Court
vide order dated 11.06.2021 passed in Special Criminal
Application No. 2705 of 2021 regularized 318 days of late
surrender. Relevant paragraphs of such judgment are
reproduced as under:
"9. On perusal of various orders passed by the authority in
R/SCR.A/7947/2021 ORDER DATED: 02/09/2021
respect of other convicts, it appears that the authority has
regularized various days i.e. from 1 day to 3262 days while
maintaining jail punishment with condition that the convict/s
shall surrender in time to the jail authority in future. Now, so
far as the present convict is concerned, the authority has taken
into consideration the fact that the convict has applied before
this Court and this Court has granted temporary bail. It has
been observed in the impugned communication dated
05.01.2021 that the convict came to be arrested as he was
absconding for 318 days.
10. Now, the observation made by the Division Bench of this
Court in the case of Vikas Narendrabhai Vs. State of Gujarat
and another in Criminal Misc. Application No.1360 of 2014 in
Criminal Appeal No.2884 of 2008 dated 04.02.2014 needs to
be taken into account for deciding the present application. The
Division Bench has considered Section 48 of the Prison Act and
Rules 1287 of the Gujarat Jail Manual. The Division Bench has
observed in paras-4 and 5 which reads as under:-
Para 4: xxxx
Para 5: xxxx
12. In the present case, on perusal of the jail remarks, it
appears that three furlough has been forfeited by the authority
for late surrender of 318 days. The convict has applied to the
concerned jail authority for cancellation of three furlough,
however, the same came to be rejected by the authority below.
Thus, it appears that the jail punishment has been inflicted
upon the convict for his late surrender of 318 days. Now,
considering the fact that the authority in other cases has
regularized late surrender of various days i.e. from 1 day to
3262 days by maintaining jail punishment with condition that
in future, the concerned convict shall surrender to the jail
R/SCR.A/7947/2021 ORDER DATED: 02/09/2021
authority in time. If this course is adopted in this matter also, it
would serve the end of justice."
Considering the reasons narrated in the application and
the circumstances which are narrated by the applicant, the
order passed by the Administrative Officer, Office of the
Prisons and Reforms Administration, Government of Gujarat,
Ahmedabad vide order dated 22.02.2021 deserves to be
quashed and set aside and the period of 34 days of late
surrender deserves to be regularized and is hereby
regularized.
Punishment imposed by the trial Court is not disturbed.
Accordingly, the present application is allowed in the
above terms. Rule is made absolute to the aforesaid extent.
Registry is directed to send a copy of this order to the
concerned jail authorities through email or fax forthwith.
(B.N. KARIA, J)
rakesh/
