(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application has been preferred by the applicant-convict for regularization / condoning the delay in surrendering for one day when he was released on temporary bail vide order passed by this Court on 23.11.2011 in Criminal Misc. Application No.14259 of 2011.
This Court had, initially, passed an order to convey through the jail authority to the convict, to produce medical papers. Mr.Pandya, has placed on record the statement of the convict; wherein, he has stated that he is not in a position to produce the medical certificate.
Upon further query, the learned APP stated that if the jail authority is to consider the matter, normally for delay of one day warning is being given.
Under the circumstances, as the medical papers are not produced, we find that it is not a case where we should pass the order for condoning the delay. However, keeping in view that there was a delay of one day only, the jail authority shall examine the matter and shall take lenient view for passing the further order in accordance with law.
Subject to the aforesaid observations, the present application is disposed of. Rule made absolute accordingly.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top