IQBAL HAJI CHAVDAversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
Holding
The court exercised its discretion and allowed the regularization of the 13‑day late surrender.
Summary
The petitioner, Iqbal Haji Chavda, filed a special criminal application seeking regularization of his furlough leave after surrendering 13 days later than required. The State, represented by Ms. Jirga Jhaveri, waived service of the rule and did not contest the application. The court examined the length of the delay and the reasons provided for the late surrender. Exercising its discretion, the court found the circumstances sufficient to grant relief. Consequently, the application was allowed and the rule was made absolute, regularizing the period of late surrender.
Issues considered
- Whether the court may regularize a period of late surrender of furlough leave when the delay is 13 days.
Subjects
Judgment
R/SCR.A/2883/2026 ORDER DATED: 06/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE
SURRENDER) NO. 2883 of 2026
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IQBAL HAJI CHAVDA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 06/03/2026
ORAL ORDER
1. The present application is led by the Applicant for
regularization of his furlough leave as he has surrendered
late by 13 days when he was released earlier.
2. Heard learned APP for the Respondent – State. Rule.
Learned APP waives service of Rule on behalf of the
Respondent State.
3. Having regard to the period of late surrender by 13
days and also considering the reason mentioned for such
late surrender, this court is inclined to exercise discretion
in favour of the applicant. Therefore the prayer for
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R/SCR.A/2883/2026 ORDER DATED: 06/03/2026
regularization of period of late surrender by 13 days is
hereby allowed.
4. Application stands allowed. Rule is made absolute.
(UTKARSH THAKORBHAI DESAI, J)
KAJAL
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAJAL KISHORBHAI NAVLAKHA(HCD0076), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 06/03/2026 18:05:28
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