SABIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. M.V. Patel, learned advocate for the applicant and Ms. Maithili Mehta, learned Additional Public Prosecutor for the respondent state through Video Conference. Rule. Ms. Mehta, learned APP waives service of Rule on behalf of the respondent State.

(2.) By this application under Article 226 of the Constitution of India, the petitioner has prayed for regularization of 168 days of his late surrender.

(3.) The record indicates that the petitioner is convicted by learned Additional Sessions Judge, Ahmedabad in Sessions Case No.161 of 2001 for the offences punishable under Sections 147, 148, 302 r/w Section 149 of the Indian Penal Code and Section 135 of the Gujarat Police Act vide judgment and order of conviction and sentence dated 30.12.2003. It also appears from the record that against the conviction order passed by the learned Sessions Judge, Ahmedabad appeal being Criminal Appeal No. 443 of 2004 was preferred by the applicant before this Court and same came to be rejected vide judgment and order dated 8.10.2009. The record indicates that the petitioner was enlarged on parole leave from 28.3.2020 for a period of 14 days. Mr. Patel, learned advocate for the petitioner has taken to this Court to the material on record and has contended that because of circumstances beyond the control, the petitioner could not and did not surrender, which may be considered and late surrender of 168 days be condoned as prayed for.