JUDGMENT :

B.N. Karia, J.

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. By way of present application submitted through Jail, the applicant has prayed to regularize the default committed by him in complying with the order of Temporary Bail granted by this Court for 7 days on ground of death of his mother, as he surrendered before the Jail Authorities 119 days beyond the period fixed by this court and according to him, due to death of his uncle and son of the uncle and for such default, and therefore, he has prayed for condonation of the aforesaid delay.

3. As the application was forwarded through jail, this Court has heard learned APP for the Respondent-State.

4. Learned APP for the respondent-State has referred Section 48A of the Prisons Act and Rule 1287 of the Gujarat Jail Manual and submitted that if any prisoner fails without sufficient cause to observe any of the conditions on which his sentence was suspended, remitted or furlough or parole was granted to him, he shall be deemed to have committed a prison offence and the Superintendent may, after obtaining his explanation, punish such offence as provided under Section 48A of the Prisons Act. He has also referred Rule 1287 of the Gujarat Jail Manual and submitted that it is left to the discretion of the Superintendent to decide whether he was prevented by sufficient cause from surrendering within time. He has further submitted that the temporary bail was granted to the present applicant by the Coordinate Bench of this Court, but however, now, this Court may not exercise any powers to set aside the subsequent punishment imposed under the Jail Manual nor can it regularize the default committed by the applicant after the imposition of punishment. In support of his arguments, learned APP for the respondent-State has placed reliance on the judgment of Division Bench of this Court passed in Criminal Misc. application No. 1360 of 2014 in Criminal Appeal No. 2884 of 2008 and requested to dismiss present application.

5. Having gone through the facts of the application submitted by the applicant, jail remarks dated 23.12.2021 forwarded by Deputy Superintendent, Central Jail, Ahmedabad and having heard learned APP for the respondent-State, it appears that admittedly the applicant has committed breach of condition in which, he was released on temporary bail by this Court. Thereafter, he was surrendered late by 119 days. The authorities have resorted to the provisions of Punishment provided in the Gujarat Jail Manual. It appears from the above provision that it is within the province of the Superintendent to decide whether the applicant was prevented by sufficient cause from surrendering within the time. It appears that the coordinate Bench of this Court has granted temporary bail to the present applicant. In exercise of its appellate jurisdiction conferred under the Code of Criminal Procedure, this Court may not exercise the power to set aside the subsequent punishment imposed under the Jail Manual nor can it regularize the default committed by the applicant after the imposition of punishment as held by the Division Bench of this Court in Criminal Misc. Application No. 1360 OF 2014 IN Criminal Appeal NO. 2884 of 2008. In the said judgment, the learned Division Bench has held in para 4 and 5 as under:

4. In order to appreciate the question, the provisions of Section 48A of the Prisons Act and Rule 1287 of the Gujarat Jail Manual are relevant, which are quoted below:

48A of the Prisons Act "48.A: Punishment for breach of conditions of suspension or remission of sentence or of grant of furlough or release on parole: If any prisoner fails without sufficient cause to observe any of the conditions on which his sentence was suspended, remitted or furlough or parole was granted to him, he shall be deemed to have committed a prison offence and the Superintendent may, after obtaining his explanation, punish such offence by-

(1).