High Court of Gujarat

DILIPBHAI ALIAS KINO MAHESHBHAI SOLANKIversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: SANJEEV THAKER

Holding

The court may, exercising discretion, regularize a period of late surrender when the applicant has voluntarily surrendered and the prosecution waives service.

Summary

The applicant, Dilipbhai alias Kino Maheshbhai Solanki, filed a special criminal application seeking regularization of a 19‑day period of late surrender. The Additional Public Prosecutor waived service of the application. The court noted that the applicant had voluntarily surrendered to the jail authorities and, considering the circumstances, exercised its discretion in his favour. Consequently, the court allowed the application, regularizing the period of late surrender and making the rule absolute. The order was directed to be communicated to the concerned jail authority.

Issues considered

Whether the court can regularize a period of late surrender under the law
Whether discretion may be exercised to grant regularization when the applicant has voluntarily surrendered and the prosecution waives service

Subjects

late surrenderregularizationdiscretioncriminal procedurespecial criminal application

Judgment

      R/SCR.A/9731/2026                                         ORDER DATED: 10/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE
                    SURRENDER) NO. 9731 of 2026

==========================================================
                  DILIPBHAI ALIAS KINO MAHESHBHAI SOLANKI
                                     Versus
                          STATE OF GUJARAT & ORS.
==========================================================
Appearance:
THROUGH JAIL for the Applicant(s) No. 1
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER

                                  Date : 10/07/2026

                                       ORAL ORDER


1.            Present application, through jail, is filed by the

applicant for regularization of period of late surrender of 19

days.



2.      Rule.       Learned       Additional           Public   Prosecutor         waives

service.



3.      Having heard the learned Additional Public Prosecutor

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,



                                         Page 1 of 2
        R/SCR.A/9731/2026                                                                ORDER DATED: 10/07/2026




 accordingly.                The period of late surrender, as prayed for, is

 hereby regularized.                       Rule is made absolute, accordingly.



 3.1        Registry to communicate this order to the concerned jail

 authority, forthwith.


                                                                                      (SANJEEV J.THAKER,J)
 M.H. DAVE/36


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/07/2026 14:02:59




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