Gujarat High Court
Mustakbhai Aalambhai Parmar Thro ... vs State Of Gujarat on 3 September, 2021
Bench: B.N. Karia
R/SCR.A/2944/2021 IA ORDER DATED: 03/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULARIZATION OF LATE
SURRENDER) NO. 2 of 2021
In R/SPECIAL CRIMINAL APPLICATION NO. 2944 of 2021
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MUSTAKBHAI AALAMBHAI PARMAR THRO NOORJAHA ALAMBHAI
PARMAR
Versus
COLLECTOR
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Appearance:
for the PETITIONER(s) No.
PIYUSHKUMAR K BASERI for the PETITIONER(s) No.
MR HK PATEL, APP for the RESPONDENT(s) No.
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 03/09/2021
IA ORDER
Leave to amend in late surrender days.
Rule returnable forthwith. 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 his late surrender period of 48 days before the jail
authorities.
Heard learned advocate for the applicant.
It was submitted by learned advocate for the applicant
that default was committed by him in complying with the
order of Parole Leave granted by this Court in Special Criminal
Application No. 2944 of 2021 for 14 days for paying school
fee of his son as he surrendered before the Jail Authorities 48
R/SCR.A/2944/2021 IA ORDER DATED: 03/09/2021
days beyond the period fixed by this court and according to the
applicant, due to death of his cousin sister, he could not
surrender in time, and for such default, he preferred the
application before the competent authority to regularize his
late surrender, which is still pending, and therefore, he has
prayed for condonation of the aforesaid delay.
Learned APP for the respondent-State has referred Section
48A of the Prisons Act and Rule 1287 of the Gujarat Jail
Manual and submitted that if any prisoner fails without
sufficient cause to observe any of the conditions on which his
sentence was suspended, remitted or furlough or parole was
granted to him, he shall be deemed to have committed a prison
offence and the Superintendent may, after obtaining his
explanation, punish such offence as provided under Section
48A of the Prisons Act. He has also referred Rule 1287 of the
Gujarat Jail Manual and submitted that it is left to the
discretion of the Superintendent to decide whether he was
prevented by sufficient cause from surrendering within time.
He has further submitted that the parole leave was granted to
the present applicant by the Coordinate Bench of this Court,
but however, now, this Court Court may not exercise any
powers to set aside the subsequent punishment imposed under
the Jail Manual nor can it regularize the default committed by
the applicant after the imposition of punishment. In support of
R/SCR.A/2944/2021 IA ORDER DATED: 03/09/2021
his arguments, learned APP for the respondent-State has placed
reliance on the judgment of Division Bench of this Court
passed in Criminal Misc. application No. 1360 of 2014 in
Criminal Appeal No. 2884 of 2008 and requested to dismiss
present application.
Under the statement made by learned APP for the
respondent-State, learned advocate for the applicant requests
to dispose of present application and requests to direct the
competent authorities to decide the application made by the
applicant for regularization of his late surrender of 48 days.
Considering the request made, the competent authority is
hereby directed to decide the petition made by the applicant
for regularizing his later surrender period of 48 days in
accordance with law within three weeks from the date of
receipt of this order.
With aforesaid directions, present petition stands
disposed of.
Rule stands discharged.
(B.N. KARIA, J)
K. S. DARJI
