CHETANSINH BALWANTSINH JHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent State.

(2.) The present petition is filed for regularizing 107 days of late surrender by the petitioner in connection with the parole leave granted by the I.G. (Prisons).

(3.) 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 application 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 .