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VIKRAM NATH, SANDEEP MEHTA
Jasminbhai Bharatbhai Kothari – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. challenge to high court order (Para 1) |
| 2. anomaly in listing (Para 2) |
| 3. application for exemption (Para 3) |
| 4. interpretation of order xxii (Para 4) |
| 5. admissibility of applications (Para 5) |
| 6. entertaining applications (Para 6) |
| 7. interpretation of rules (Para 7) |
| 8. similar rationale (Para 8 , 9) |
| 9. clear language of order (Para 10) |
| 10. present case facts (Para 11) |
| 11. special leave petition outcome (Para 12 , 13) |
ORDER :
1. This present petition is directed against the order dated 19th October, 2023 passed by the High Court of Gujarat1 [For short the ‘High Court’] whereby the Division Bench had refused to extend the period of temporary bail granted to the petitioner in Criminal Appeal No. 417 of 2009, preferred by the petitioner herein, which is pending adjudication before the High Court. In the said criminal appeal, the petitioner has assailed the conviction and sentence awarded by the learned Additional Sessions Judge, District Court Bhavnagar vide judgment dated 3rd November, 2018, for the offences punishable under Section 302 of the Indian Penal Code, 1860 read with Section 34 and Section 25 (1) (B) (A) of Arms Act, 1959.
2. We have noticed an apparent anomaly in the li
Exemption from surrendering in special leave petitions is only applicable when the petitioner has been sentenced to imprisonment, as per Order XXII Rule 5 of the Supreme Court Rules, 2013.
Strict adherence to the Supreme Court Rules, the availability of Constitutional remedy under Article 136 without surrendering, and the unnecessary filing of the application for exemption from surrend....
Rule 48 of the M.P. High Court Rules mandates that a convicted person must surrender or be in custody to maintain a criminal revision petition, barring exceptions for suspended sentences.
Offence of Murder - Convicted - Regularization of period - If any person fails to observe any of conditions on which his sentence was suspended or remitted or furlough or parole was granted to him, h....
A convict is not required to surrender when filing a criminal revision unless the sentence has not been suspended, but must declare custody status.
A court may grant an extension for surrender when valid reasons, such as illness, are presented by the petitioner.
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