ORDER :

1. RULE. Ms.Moxa Thakker, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent - State.

2. The present application is filed by the convict through his wife for the following prayers:-

(A) YOUR LORDSHIPS be pleased to regularize the period of late surrender of 318 days of applicant on appropriate terms and conditions.

(B) YOUR LORDSHIPS be pleased to quash and set aside the order dated 05/01/2021 of Respondent No.3 (Annexure-I) and direct the respondent authorities to consider the grant of applicant's regularization of late surrender application at the earliest.

(C) YOUR LORDSHIPS be pleased to grant such other and further reliefs as may be deemed fit in the interest of justice.

3. The facts of the present case are that the prison has been convicted and sentenced in Sessions Case No.105 of 2013 by the learned District Court, Bhavnagar vide judgment and order dated 03.11.2018 by which he was convicted for the offence punishable under Section 302 of the Indian Penal Code and Section 25(1)(B)(A) of the Arms Act and ordered to undergo rigorous imprisonment of life. It is contended that the convict has preferred Criminal Appeal No.417 of 20