ORDER :

1. RULE. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.

2. The present application is filed for regularizing of late surrender by the petitioner-accused.

3. Learned Additional Public Prosecutor referred to the decision of the Division Bench of this Court in Vikas Narendrabhai vs. State of Gujarat and Another in Criminal Misc. Application No. 1360 of 2014 (for regularisation of late surrender) in Criminal Appeal No. 2884 of 2008 and the judgment of this Court dated 10.11.2017 in Criminal Misc. Application (for regularisation of late surrender) No. 16444 of 2017 and allied matters to submit that the petition is not maintainable since it is only the Jail Superintendent who has authority to condone the late surrender in accordance to the Jail Manual and the Prisons Act.

4. In the case of Vikas Narendrabhai (supra), the Division Bench after considering the provisions of Section 48A of the Prisons Act and Rule 1287 of the Gujarat Jail Manual has observed 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