KIRIT CHANDUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant-convict through jail seeking regularization of late surrender for the period of 125 days, while the applicant-convict was released on parole leave, which was subsequently extended on three occasions and the applicant was required to surrender on 19/5/2020.

(2.) The applicant seems to have approached the authority for regularization of late surrender of the aforesaid period of 125 days. Vide order dtd. 10/4/2023, the office of I.G.P. Prison has not entertained such application, wherein it has stated that as per the provisions of Prisons Act and Jail Manual Rules, the punishment of forfeiting of furlough leave, has been imposed. The respondent authorities have not taken into consideration the fact that the period covered was during the lock down phase due to Covid-19 pandemic. The respondent authorities have taken stand that after 1/6/2020, the lock down was partially lifted, in such circumstances, it was expected from the applicant to surrender before the jail authorities.

(3.) Having heard the learned APP appearing for the respondent- State and having gone through the averments made in the application as well as the jail remarks placed on record, this Court is of the view that the present application requires consideration.