AJAY @ AJJU RATANLAL PARIKversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The Court may, in exercise of its discretion, regularise the period of late surrender where the applicant provides a satisfactory humanitarian explanation.
Summary
The applicant, Ajay @ Ajju Ratanlal Parik, filed a special criminal application seeking regularisation of the period of his late surrender. He pleaded that he could not surrender on time because his mother was ill. The Additional Public Prosecutor opposed the relief. The Court examined the applicant’s explanation, noted that he had eventually surrendered before the jail authorities, and considered the humanitarian circumstance. Exercising its discretion, the Court found merit in the applicant’s claim and ordered the period of late surrender to be regularised. Consequently, the application was allowed and the rule was made absolute.
Issues considered
- Whether the High Court can regularise the period of late surrender of an accused on humanitarian grounds.
Subjects
Judgment
R/SCR.A/11809/2026 ORDER DATED: 17/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE
SURRENDER) NO. 11809 of 2026
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AJAY @ AJJU RATANLAL PARIK
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1
MS. PAYAL R. PARIK(19152) for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 17/08/2026
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 of illness
of his mother and accordingly, he urges to regularize the
period of his late surrender, to which, the learned Additional
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R/SCR.A/11809/2026 ORDER DATED: 17/08/2026
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)
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 17/08/2026 17:57:35
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