High Court of Gujarat

KANUBHAI JAGABHAI TADVIversusSTATE OF GUJARAT

Disposal: 53-ALLOWED / GRANTED @ ADM.STAGE
Bench: SANJEEV THAKER

Holding

The petition is disposed, with liberty granted to the petitioner to approach the jail authority for condonation of the delay in surrender.

Summary

The applicant, Kanubhai Jagabhai Tadvi, filed a special criminal application seeking regularisation of the period of his late surrender. The High Court examined the matter in light of observations made by a Division Bench in Criminal Misc. Application No. 1360 of 2014 (Criminal Appeal No. 2884 of 2008). Relying on that precedent, the Court did not grant the regularisation itself but directed the petitioner to approach the concerned jail authority for condonation of the delay in surrender. The Court ordered that the jail authority decide any such application in accordance with law. Consequently, the petition was disposed, leaving the petitioner free to seek relief from the jail authority.

Issues considered

Whether a special criminal application for regularisation of a period of late surrender can be entertained by the High Court
Whether the jail authority can be directed to condone the delay in surrender and decide the application per law

Subjects

late surrenderregularisationcondonationcriminal procedurejail authority

Judgment

           R/SCR.A/5275/2026                                                                  ORDER DATED: 20/04/2026




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE
                        SURRENDER) NO. 5275 of 2026

    ==========================================================
                                           KANUBHAI JAGABHAI TADVI
                                                    Versus
                                           STATE OF GUJARAT & ORS.
    ==========================================================
    Appearance:
    THROUGH JAIL for the Applicant(s) No. 1
    MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
    ==========================================================

         CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                                      Date : 20/04/2026

                                                        ORAL ORDER


    1.         Present application is filed by the applicant seeking
    regularization of period of late surrender.


    2.         Considering the observations made by the Division Bench of
    this Court in the decision rendered in Criminal Misc. Application
    No. 1360 of 2014 in Criminal Appeal No. 2884 of 2008 dated
    04.02.2014, this petition is being disposed of reserving liberty in
    favour of the petitioner to move the concerned jail authority
    seeking condonation of such delay in surrendering and directing
    the authority concerned to decide such an application, if preferred,
    in accordance with law.


                                                                                           (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 20/04/2026 15:32:38




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