High Court of Gujarat

BHARATBHAI KARUBHA JADIYAversusSTATE OF GUJARAT

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

Holding

The Court held that, on the basis of the applicant’s voluntary surrender and the prosecution’s waiver of service, the period of late surrender may be regularized.

Summary

The applicant, Bharatbhai Karubha Jadiya, filed a Special Criminal Application seeking regularization of the period of his late surrender. The Additional Public Prosecutor waived service of the application. The Court considered the applicant’s voluntary surrender before the jail authorities and the waiver by the prosecution. Exercising its discretion, the Court found merit in the applicant’s request. Consequently, the Court allowed the application and ordered that the period of late surrender be regularized, making the rule absolute. The order was directed to be communicated to the concerned jail authority.

Issues considered

Whether the period of late surrender can be regularized under the provisions governing special criminal applications

Subjects

late surrenderregularizationcriminal procedurediscretionspecial criminal application

Judgment

      R/SCR.A/9169/2026                                        ORDER DATED: 03/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE
                    SURRENDER) NO. 9169 of 2026

==========================================================
                          BHARATBHAI KARUBHA JADIYA
                                    Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR RONAK RAWAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                 Date : 03/07/2026

                                  ORAL ORDER


1.          Present       application,   through       jail,     is    filed    by       the

applicant for regularization of period of late surrender.



2.      Rule.       Learned     Additional         Public      Prosecutor         waives

service.



3.      Having heard the learned Additional Public Prosecutor

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 prayed for, is



                                     Page 1 of 2
        R/SCR.A/9169/2026                                                               ORDER DATED: 03/07/2026




 hereby regularized.                       Rule is made absolute, accordingly.



 4.         Registry to communicate this order to the concerned jail

 authority, forthwith.


                                                                                     (SANJEEV J.THAKER,J)
 M.H. DAVE/37

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 03/07/2026 15:52:07




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