DIPAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed for regularizing of late surrender by the petitioner-accused.

(2.) Learned Additional Public Prosecutor referred to the decision of the Division Bench of this Court in Vikas Narendrabhai v. State of Gujarat and another in Criminal Misc. Application No.1360 of 2014 (for regularisation of late surrender) in Criminal Appeal No.2884 of 2008 and the judgment of this Court dtd. 10/11/2017 in Criminal Misc. Application (for regularisation of late surrender) No.16444 of 2017 and allied matters to submit that the petition is not maintainable since it is only the Jail Superintendent who has authority to condone the late surrender in accordance to the Jail Manual and the Prisons Act .

(3.) In the case of Vikas Narendrabhai (supra), the Division Bench after considering the provisions of Sec. 48A of the Prisons Act and Rule 1287 of the Gujarat Jail Manual has observed 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 the Prisons Act . The Division Bench has further observed that if the temporary bail is granted in exercise of the powers conferred under the Code of Criminal Procedure, the Court would have no power to set aside subsequent punishment imposed under the Jail Manual nor can it regularise the default committed by the petitioner after the imposition of punishment. The Code of Criminal Procedure does not permit the Appellate Court granting suspension of sentence to set aside the subsequent offence committed under the Prisons Act for violation of the condition of suspension of the sentence passed in exercise of its power to grant temporary bail, and thus, held that the petitioner would be entitled to have condonation of delay in surrendering before the jail authority and the appropriate authority has to decide such questions in accordance with law if the aggrieved approaches such authority.