HARESH @ BABO AMRATJI THAKORversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court exercised its discretion to regularise the one‑day late surrender, allowing the application.
Summary
The applicant, Haresha @ Babo Amratji Thakor, filed a special criminal application seeking regularisation of a one‑day delay in surrendering to the jail authorities. He claimed the delay was due to arranging financial resources for his mother’s medical treatment. The Additional Public Prosecutor opposed the request. The Court examined the applicant’s explanation, noted that he eventually surrendered before the jail authority, and considered the short duration of the delay. Exercising its discretion, the Court allowed the application and regularised the period of late surrender, making the rule absolute. Consequently, the applicant’s surrender is deemed to have occurred on time for legal purposes.
Issues considered
- Whether a one‑day delay in surrender can be regularised under criminal procedure law?
- Whether the court may exercise discretion to regularise late surrender despite opposition from the prosecution?
Subjects
Judgment
R/SCR.A/11148/2026 ORDER DATED: 04/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE
SURRENDER) NO. 11148 of 2026
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HARESH @ BABO AMRATJI THAKOR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DINESHKUMAR J PRAJAPATI(9979) for the Applicant(s) No. 1
MR. RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 04/08/2026
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 had to
manage financial funds for his family. Therefore, while
making financial arrangements for his mother’s medical
treatment, he could not surrender before the Jail Authority
in time and, consequently, surrendered late by 01 day and
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R/SCR.A/11148/2026 ORDER DATED: 04/08/2026
accordingly, he urged to regularize the period of his late
surrender of 01 day, to which, the learned Additional Public
Prosecutor has vehemently opposed to.
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)
ADITYA SINGH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ADITYA SINGH(HC02376), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 04/08/2026 16:02:29
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