VIKAS NARENDRABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application, a convict under section 302 of the Indian Penal Code has prayed for regularization of the default committed by him in complying with the order of temporary bail granted by a Division Bench of this Court by order dated 12th July 2013. It appears that the petitioner surrendered before the jail authorities one day beyond the period fixed by the Division Bench and according to him, as he had fallen ill and was hospitalized, he could not surrender in time. According to the petitioner, for such default, the jail authorities have deducted 5 days from the period of remission available to him under the law. The petitioner has, thus, prayed for condonation of the aforesaid delay and for cancellation of the punishment.

(2.) AFTER hearing Mr. Nanavati, the learned Additional Public Prosecutor appearing on behalf of the respondent, and after going through the provisions contained in Indian Prison Act and the Gujarat Jail Manual, we are of the view that this application, at the instance of the petitioner for regularization, is not maintainable before the Bench of the High Court which granted temporary bail after the jail authorities have already imposed the punishment. The position would have been different, if before the expiry of the period for surrender fixed by the Division Bench granting temporary bail, he had come to the said Bench with an application praying for extension of time to surrender by showing sufficient cause.

(3.) IN order to appreciate the question, the provisions of Section 48A of the Prisons Act and Rule 1287 of the Gujarat Jail Manual are relevant, which are quoted below: 48A of the Prisons Act