This court allowed an application by a convict in jail to regularize a late surrender of 55 days, which was delayed due to the death of close relatives during parole leave.
The period of late surrender by 55 days is ordered to be regularized; rule made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/SCR.A/10456/2021 ORDER DATED: 21/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 10456 of 2021
====================================== MAHAMMAD PARVEZ ABDUL KAIYUM SHAIKH
Versus
STATE OF GUJARAT
====================================== Appearance:
MR HEMANT B RAVAL(3491) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3 MR. R. C. KODEKAR, APP (2) for the Respondent(s) No. 1
======================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 21/12/2021
ORAL ORDER
Rule , returnable forthwith. Mr. Kodekar, learned APP waives service of notice of rule on behalf of the respondent – State.
The present application has been preferred by the applicant – convict through jail seeking regularization of late surrender for 55 days against the order of rejection by I.G. Prison dated 13th August, 2021, Ahmedabad.
I have perused the application and documents on record. It also emerges from the record that the convict was released on parole leave by the competent authority, however, because of death of few close relatives during that period, he could not surrender in time and he was late by 55 days and therefore, present application is preferred.
In view of the aforesaid facts, the present application requires consideration. Hence, the application is allowed. The
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R/SCR.A/10456/2021 ORDER DATED: 21/12/2021
period of late surrender by 55 days is hereby ordered to be regularized.
Rule is made absolute . Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(RAJENDRA M. SAREEN, J.)
AMAR RATHOD...
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1 issue framed by the court
Whether the conviction applicant who was delayed in surrender by 55 days due to death of relatives can get the period regularized.
Mahammad Parvez Abdul Kaiyum Shaikh
State of Gujarat
Rajendra M. Sareen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
