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RAJASTHAN HIGH COURT
Manoj Kumar Garg, J.
Keshrimal Kothari - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Appeal No. 360 of 2021
Decided On : 20-11-2021
EXTENSION - SURRENDER - The court granted an extension for the petitioner to surrender, acknowledging the petitioner's illness as a valid reason for the delay, thereby allowing the petitioner additional time to comply with the court's previous order.
Fact of the Case:
The petitioner filed a misc. application seeking an extension of time to surrender as per the court's order dated 08.11.2021, citing illness as the reason for not surrendering within the stipulated period.
Finding of the Court:
The court found the reasons provided by the petitioner to be valid and allowed the application for extension of time for surrender.
Issues: Whether the petitioner should be granted an extension of time to surrender due to illness.
Ratio Decidendi: The court interpreted the circumstances surrounding the petitioner's inability to surrender as justifiable, thus warranting an extension of the previously set deadline.
Result: The court allowed the application and set a new deadline for the petitioner to surrender by 29.11.2021.
JUDGMENT
Manoj Kumar Garg, J. - This misc. application has been filed for extension of time granted by this Court to the petitioner for his surrender vide order dt. 08.11.2021 passed in S.B.Criminal Misc. Bail Application No.12059/2021.
2. Learned counsel for the petitioner submits that the petitioner was ill and therefore, he could not surrender before the trial court within the stipulated period. He prays that the time granted by this Court for surrender of the petitioner may be extended.
3. For the reasons mentioned in the application, the application is allowed. Now, the petitioner shall surrender before the trial court on or before 29.11.2021.
A court may grant an extension for surrender when valid reasons, such as illness, are presented by the petitioner.
The court grants an extension for surrendering in bail applications, emphasizing discretion in adhering to procedural timelines.
The court emphasized that genuine circumstances affecting compliance with court orders must be considered, especially during extraordinary situations like a pandemic.
The Court emphasizes the right to timely consideration of bail applications upon surrender in accordance with lawful procedures.
The court can grant time extensions for surrender in cases of subsequent criminal charges, balancing compliance with bail conditions.
Extension of surrender time granted based on mediation agreement in a matrimonial dispute.
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Modification of bail order denied due to repeated non-compliance and lack of reasonable cause.
Judicial discretion mandates timely consideration of bail applications to ensure justice and prevent undue coercive measures against the accused.
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