High Court of Gujarat

JAYESHBHAI GANPATBHAI VASAVAversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: UTKARSH THAKORBHAI DESAI

Holding

The court allowed the regularization of the five‑day late surrender, exercising its discretion in favor of the applicant.

Summary

JAYESHBHAI GANPATBHAI VASAVANA applied to regularize his furlough leave after surrendering five days late. The State, represented by Ms. Jirga Jhaveri, waived service of the rule. The court examined the five‑day delay and the applicant’s explanation, and exercised its discretion to favor the applicant. It held that the delay was not sufficient to deny regularization. Consequently, the application for regularization of the late surrender was allowed and the rule was made absolute.

Issues considered

Whether the court may regularize a period of late surrender of furlough leave despite a five‑day delay?

Subjects

regularization of furlough leavelate surrenderdiscretionCriminal Procedure Codecourt order

Judgment

      R/SCR.A/2916/2026                               ORDER DATED: 06/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE
                    SURRENDER) NO. 2916 of 2026

==========================================================
                      JAYESHBHAI GANPATBHAI VASAVANA
                                   Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
==========================================================

 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 05 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 05

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




                                  Page 1 of 2
          R/SCR.A/2916/2026                                                                     ORDER DATED: 06/03/2026




  regularization of period of late surrender by 05 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 18:04:30




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