RAMABHAI PANCHABHAI ALAGOTAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned Additional Public Prosecutor Ms. Monali Bhatt has placed on record a report dtd. 10/6/2023 submitted by the concerned jail authority. She has further submitted that the applicant - convict has not approached the jail authority for regularization of late surrender and has directly approached this Court. She, therefore, has objected the grant of present application.

(2.) This Court considering the provisions of Rule 1287 of the Gujarat Jail Manual as well as provisions of Sec. 48A of the Prisons Act is not inclined to entertain such application seeking regularization of the late surrender directly before this Court. The Coordinate Bench of this Court in the case of Vikas Narendrabhai vs. State of Gujarat and Ors . rendered in Criminal Miscellaneous Application No.1360 of 2014 in Criminal Appeal No.2884 of 2008 dtd. 4/2/2014 has held that considering the provisions, it is within the province of the Superintendent of concerned Jail to decide whether the applicant-convict was prevented by sufficient cause from surrendering within the time.

(3.) Considering the same, present application is not entertained. This Court has otherwise not gone to the question whether in the facts of the present case, the applicant- convict is entitled to regularization of late surrender. The applicant may approach the authority. As and when such application is filed before the Jail Authority, it would be open for the jail authority to decide such application in accordance with law.