VIJAY @ BAKARO KANTIBHAI CHUNARAversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court allowed the regularisation of the period of late surrender, exercising its discretion in favour of the applicant.
Summary
Vijay @ Bakaro Kantibhai Chunara filed a Special Criminal Application seeking regularisation of a period of late surrender, claiming he missed the bus and could not surrender on time. The Additional Public Prosecutor opposed the request. The applicant’s counsel argued that the applicant had eventually surrendered before the jail authority and therefore deserved relief. The Court examined the applicant’s explanation and the fact of actual surrender, and exercised its discretion in favour of the applicant. Consequently, the Court allowed the application, regularising the period of late surrender and making the rule absolute.
Issues considered
- Whether a period of late surrender can be regularised under criminal procedure law
- Whether the court may exercise discretion to allow regularisation based on the applicant's explanation and actual surrender
Subjects
Judgment
R/SCR.A/10196/2026 ORDER DATED: 20/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE
SURRENDER) NO. 10196 of 2026
==========================================================
VIJAY @ BAKARO KANTIBHAI CHUNARA
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR AVANIDHAR M THAKORE(10377) for the Applicant(s) No. 1
MS KRINA CALLA, APP for the Respondent(s) No. 1
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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 he miss
the bus and accordingly, he urges to regularize the period of
his late surrender, to which, the learned Additional Public
Prosecutor has vehemently opposed to.
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R/SCR.A/10196/2026 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 17:38:02
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