VIJAYBHAI PREMCHAND SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant - convict has preferred this application seeking regularization of late surrender by 18 days for the period while he was on parole leave from 14/10/3.2023 to 11/4/2023.

(2.) Mr.Hardik Mehta, learned APP has appeared on behalf of the respondent State. Learned APP has invited attention of this Court to the fact that the applicant - convict has directly approached this Court seeking regularization without approaching the competent authority. In support of his submission, he has placed reliance upon order dtd. 15/12/2022 passed by the coordinate Bench in Special Criminal Application No.11360 of 2022. He therefore urged this Court to relegate the applicant to avail appropriate remedy available under the law.

(3.) Considering the submissions made by the learned APP and having examined the application, it is evident that the applicant has directly approached this Court without approaching the Jail Superintendent for regularization of late surrender. In view of the procedure envisaged in Rule 1287 of the Gujarat Jail Manual, the Court is of the belief that the applicant - convict is required to approach the Jail Superintendent. The discretion is left to the Jail Superintendent to decide with regard to the circumstances of the case of the applicant in accordance with law after affording an opportunity to the applicant to explain the cause for his overstay.