High Court of Gujarat

SANJAY @ KALU DHARAMPAL YADAVversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: SANJEEV THAKER

Holding

The court exercised its discretion to regularize the 26‑day period of late surrender.

Summary

The applicant, Sanjay @ Kalu Dharampal Yadav, filed a special criminal application seeking regularization of a 26‑day period of late surrender, citing ill health as the reason for the delay. The Additional Public Prosecutor opposed the request. The court examined the applicant’s submission and the circumstances of his surrender before the jail authority. Exercising its discretion, the court found merit in the applicant’s health claim and decided to regularize the period of late surrender. Consequently, the application was allowed and the rule was made absolute.

Issues considered

Whether the court may regularize a period of late surrender on the ground of the applicant's ill health

Subjects

late surrenderregularizationdiscretioncriminal procedureGujarat High Court

Judgment

      R/SCR.A/10158/2026                                            ORDER DATED: 20/07/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE
                   SURRENDER) NO. 10158 of 2026

==========================================================
                       SANJAY @ KALU DHARAMPAL YADAV
                                    Versus
                           STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR HARSH M SURTI(3907) for the Applicant(s) No. 1
MR SIKANDER SAIYED(3458) for the Applicant(s) No. 1
MS KRINA CALLA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                        Date : 20/07/2026

                                         ORAL ORDER

1.         Present application is filed by the applicant seeking

regularization of period of late surrender.



2.       Rule.        Learned       Additional            Public    Prosecutor        waives

service.



3.       Heard,       learned       advocate        for     the     applicant      and        the

learned Additional Public Prosecutor                             for the respondent -

State.


4.       The learned advocate for the applicant submitted that

the applicant could not surrender in time because of his

health and accordingly, he urges to regularize the period of

26     days      of        his   late     surrender,        to     which,    the     learned

Additional Public Prosecutor has vehemently opposed to.


                                            Page 1 of 2
      R/SCR.A/10158/2026                                                             ORDER DATED: 20/07/2026




5.        Having heard and considering the averments made in

the application, more particularly the ground mentioned in

the      application,              as      also,        considering              the        period          of     late

surrender            and         the       fact       that        the       applicant             himself          had

surrendered before the concerned jail authority, this Court is

inclined to exercise discretion in favour of the applicant.

This application is allowed, accordingly. The period of late

surrender, as aforesaid, is hereby regularized.                                                 Rule is made

absolute, accordingly.


                                                                                  (SANJEEV J.THAKER,J)
PD

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 20/07/2026 17:36:51




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