FATESINH JAGATSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been preferred by the applicant - convict through jail seeking regularization of late surrender.

(2.) I have perused the application and documents on record. It also emerges from the record that the convict was released on parole leave for period of 21 days viz. 1/4/2021 til 22/4/2021 by this Court vide order dtd. 26/3/2021. The applicant was required to surrender on expiry of such period viz. on 23/4/2021, but he could not surrender in time and he was late by 21 days and, therefore, the present application is preferred.

(3.) In every case of late surrender, the authority are entrusted with powers as prescribed under Sec. 48(A) of the Prisoners Act, whereby it is expected of authority to take a conscious decision after duly applying its mind as to what particular punishment or punishments should be awarded. Even on bare perusal of Clause 1287 of the Gujarat Jail Manuals, it clearly provides guidelines to the authority to be applied while considering case of late surrender and awarding of punishment. By present application, this Court is called upon to examine regularisation of late surrender by invoking Article 226 of the Constitution of India.