MAHMAD @ MEMUDO ISHAKBHAI TURAKBANversusSTATE OF GUJARAT
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
Holding
The court allowed the regularization of the applicant's 85‑day late surrender, subject to a cost deposit.
Summary
The applicant, Mahmad @ Memudo Ishakbhai Turakban, sought regularization of an 85‑day delay in surrendering after his parole leave expired. He claimed that a prior order dated 27‑06‑2025 had continued his parole leave and that he was advised by his lawyer that surrender was not required, but he was arrested on 28‑11‑2025 and subsequently filed a representation. Both parties were heard, and the State waived service of rule. The court, after considering the circumstances, exercised its discretion and allowed the regularization of the late surrender, imposing a condition that the applicant deposit Rs. 20,000 towards costs to the Jail Authority within 14 days. The order was made absolute and direct service was permitted.
Issues considered
- Whether the court may regularize an 85‑day delay in surrender of a parolee under the circumstances presented
Subjects
Judgment
R/SCR.A/973/2026 ORDER DATED: 28/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE
SURRENDER) NO. 973 of 2026
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MAHMAD @ MEMUDO ISHAKBHAI TURAKBAN
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR BHAVIN B THAKAR(9371) for the Applicant(s) No. 1
MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI
DESAI
Date : 28/01/2026
ORAL ORDER
1. The present application is led by the applicant for
regularization of 85 days of his late surrender pursuant to
expiry of his parole leave.
2. Learned advocate for the applicant submitted that, the
last order i.e. on 27.06.2025 which was passed by the Co-
ordinate Bench in Special Criminal Application No. 10677
of 2024 with Criminal Misc. Application No. 02 of 2024
wherein, the interim relief was granted earlier, was
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R/SCR.A/973/2026 ORDER DATED: 28/01/2026
continued till further orders. The applicant had
understood that, his Parole Leave was continued and he
had also taken advice from his local lawyer who told him
that, his Parole Leave was continued and he need not
surrender. However, the applicant came to be arrested
by the authorities on 28.11.2025. Pursuant to the same,
he had also submitted a representation to the concerned
authorities.
3. Heard learned advocate for the applicant and learned
APP for the respondent – State.
4. Rule. Learned APP waives service of rule on behalf of
the respondent State.
5. Having heard the arguments advanced by the learned
advocate for the applicant and the learned APP, and
considering the facts and circumstance of the case, this
court is inclined to exercise discretion in favour of the
applicant. Therefore, the prayer for regularization of
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R/SCR.A/973/2026 ORDER DATED: 28/01/2026
period of late surrender of the applicant i.e. 85 days is
hereby allowed, subject to the condition that, the
applicant shall deposit Rs. 20,000/- towards cost to the
Jail Authority, within fourteen (14) days from the date of
this order.
6. Application stands allowed. Rule is made absolute.
Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J)
DIVYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIVYA NAIR(HC00199), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 28/01/2026 17:27:43
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