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Jigar @ Kathiyavadi Rameshbhai Patel Thro Parth Babubhai Patel v. the State of Gujarat

Gujarat HC10 Feb 2021SCR.A/958/2021

Case brief

AI extract

What is this about?

Oral order regularizing an applicant's late surrender of 12 days before jail authority. The court granted the application, citing the applicant's father's illness as the valid reason for the delay, despite prior timely surrenders on parole.

What did the court decide?

Late surrender of 12 days by the applicant was granted regularisation and the Jail authority was directed to be informed.

Jigar @ Kathiyavadi Rameshbhai Patel… — Constitutional and Fundamental Rights | Gujarat HC (2021)

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R/SCR.A/958/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CRIMINAL APPLICATION NO. 958 of 2021

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JIGAR @ KATHIYAVADI RAMESHBHAI PATEL THRO PARTH BABUBHAI PATEL

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Versus THE STATE OF GUJARAT

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Appearance:

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MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1 for the Respondent(s) No. 2,3 MS. MOXA THAKKAR, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

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Date : 10/02/2021

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ORAL ORDER

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Heard Ms. Gayatriba Jadeja, learned advocate for the applicant and Ms. Moxa Thakkar, learned Additional Public Prosecutor for the respondent – State through Video Conferencing.

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Rule. Ms. Moxa Thakkar, learned APP waives service of notice of rule. With consent of learned advocate for both the parties, the rule is fixed forthwith.

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The applicant has filed the present application for regularisation of late surrender of 12 days on the ground that when he had to surrender before the jail authority, his father was sick and he being the only son, he could not surrender on time.

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Page 1 of 2

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R/SCR.A/958/2021 ORDER

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On information, it is submitted that on earlier occasion whenever he was released on parole, he has surrendered on time.

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Considering the material placed on record and the fact that due to illness of his father, the applicant could not report in time and there was delay of 12 days, the application needs to be granted. Accordingly, the application is hereby granted. Late surrender of 12 days by the applicant before the jail authority is hereby regularised. The Jail authority be informed accordingly. Rule is made absolute to the aforesaid extent.

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Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode. Learned advocate for the applicant is also permitted to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.

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(DR. A. P. THAKER, J)

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SAJ GEORGE

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Jigar @ Kathiyavadi Rameshbhai Patel Thro Parth Babubhai Patel v. the State of Gujarat

Case brief

What is this about?

What did the court decide?

Jigar @ Kathiyavadi Rameshbhai Patel Thro Parth Babubhai Patel v. the State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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