Vikrambhai Udabhai Patelia vs State Of Gujarat
2022 Latest Caselaw 4675 Guj

     R/SCR.A/4372/2022                                ORDER DATED: 04/05/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 4372 of 2022

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                VIKRAMBHAI UDABHAI PATELIA
                              Versus
                       STATE OF GUJARAT
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MR. JK SHAH, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                             Date : 04/05/2022
                             ORAL ORDER

1. The present application has been filed, through jail, praying for

regularization of four hours of his late surrender.

2. It appears that the present application has been filed directly to this

Court without approaching the competent jail authority. This Court has,

in case of Vikas Narendrabhai v. State of Gujarat and Another has taken

the view that for the purpose of regularization of late surrender, the

applicant has to move first before the competent jail authority by keeping

in mind the provisions of jail manual. Even, the Coordinate Bench of this

Court vide order dated 10.11.2017 rendered in Criminal Misc.

Application No. 16444 of 2017 and allied matters has taken a similar

view by observed thus:-

R/SCR.A/4372/2022 ORDER DATED: 04/05/2022

" 13. In view of the aforesaid, the judgment of the Division Bench in the case of Vikas Narendrabhai (supra) would squarely cover the issue and hence, in case of late surrender after the temporary bail period, it would be for the concerned Jail Superintendent to undertake the exercise as contemplated under Clause 1287 and arrive at a just and discretionary decision, which would be subject to judicial review as the exercise of its power under Clause 1287 being quasi judicial in nature.

14. The Court is in agreement with the arguments of learned Public Prosecutor that the exercise of regularizing would involve fact finding and gathering and appreciating of the evidence on record to justify the late surrender by the accused persons upon accepting the evidence, if any. In support of the justification of late surrender, the concerned Jail Superintendent would decide upon condoning the late surrender or awarding the punishment prescribed in each case of overstay of period. Clause 1287 is the provision which will be applicable to the late surrender of an under trial who is on temporary bail for a limited period under the orders of the Court."

3. In view of the aforesaid reasons, the present application is not

required to be entertain and the applicant is relegated to the Competent

Authority for seeking appropriate prayer.

4. For the forgoing reasons, the application stands dismissed. It is

clarified that this Court has not gone into the merits of the case and the

trial Court shall take decision in accordance with law.

(NIRAL R. MEHTA,J) VISHAL MISHRA/33