IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (REGULARIZED DAY OF LATE SURRENDER) NO. 973 of 2026 ========================================================== MAHMAD @ MEMUDO ISHAKBHAI TURAKBAN Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR BHAVIN B THAKAR(9371) for the Applicant(s) No. 1 MS JIRGA JHAVERI, ADDL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== 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 p. 2 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 p. 3 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