PRAVIN @ KALU BHANUPRASAD RAMNARAYAN YADAV THRO NAVRATNA BHANUPRASAD YADAVversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- SANJEEV THAKER
Holding
The court may, in appropriate circumstances, regularize a period of late surrender and exercised its discretion to allow the application.
Summary
The petitioner, Pravin @ Kalu Bhanuprasad Ramnarayan Yadav, filed a special criminal application seeking regularization of a five‑day delay in his surrender to the jail authorities. He pleaded that the delay was caused by the need to arrange funds for his sister's marriage and by his poor health. The Additional Public Prosecutor opposed the application. The Court examined the applicant's explanations and noted that he had eventually surrendered before the jail authority. Exercising its discretion, the Court allowed the application and regularized the period of late surrender, making the rule absolute. Consequently, the five‑day delay was formally accepted as lawful.
Issues considered
- Whether a court may regularize a period of late surrender under the criminal procedure
Subjects
Judgment
R/SCR.A/16289/2025(GJHC240856522025) ORDER DATED: 21/08/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE
SURRENDER) NO. 16289 of 2025
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PRAVIN @ KALU BHANUPRASAD RAMNARAYAN YADAV
Versus
STATE OF GUJARAT
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Appearance:
MR KAUSHIK H BAROT(12920) for the Applicant(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 21/08/2026
ORAL ORDER
1. Present application is filed by the applicant seeking
regularization of period of late surrender of five days.
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 as he has to
arrange the amount of expenses of marriage of his sister and
also his health was also not well and accordingly, he urges
to regularize the period of his late surrender, to which, the
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R/SCR.A/16289/2025(GJHC240856522025) ORDER DATED: 21/08/2026
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)
SRILATHA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SRILATHA VENKATARAO UPADHYAYULA(HC00185), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/08/2026 18:43:41
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