JASMINBHAI BHARATBHAI KOTHARI versus STATE OF GUJARAT

JASMINBHAI BHARATBHAI KOTHARI versus STATE OF GUJARAT

Order XXII Rule 5 of the Supreme Court Rules, 2013 must be read literally: an application seeking exemption from surrendering can be entertained in a Special Leave Petition only where the petitioner has been sentenced to a term of imprisonment; registries should not entertain such applications in other categories of cases.

Parties
Petitioner: Jasminbhai Bharatbhai Kothari; Respondent: State of Gujarat
Jurisdiction
India
Judgment Date
30 January 2025
Procedural Posture
Special Leave Petition (criminal) / Special Leave Petition Filed and Disposed of by This Court
Outcome
Special Leave Petition dismissed
Legal Topics
Order XXII Rule 5, Supreme Court Rules, 2013, Exemption From Surrendering, Temporary Bail, Surrender
Criminal Law Procedural Law Court Rules Order XXII Rule 5, Supreme Court Rules, 2013 Exemption From Surrendering Temporary Bail Surrender

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Parties

Jasminbhai Bharatbhai Kothari

Petitioner

State of Gujarat

Respondent

Procedural Posture

Special Leave Petition (criminal) / Special Leave Petition Filed and Disposed of by This Court

Legal Issues

  1. 1 Whether an interlocutory application seeking exemption from surrendering under Order XXII Rule 5 of the Supreme Court Rules, 2013 is entertainable where the petitioner has not been sentenced to a term of imprisonment
  2. 2 Whether the Registry may entertain applications for exemption from surrendering in categories other than where the appellant has been sentenced to a term of imprisonment

Ratio Decidendi

Order XXII Rule 5 of the Supreme Court Rules, 2013 must be read literally: an application seeking exemption from surrendering can be entertained in a Special Leave Petition only where the petitioner has been sentenced to a term of imprisonment; registries should not entertain such applications in other categories of cases.

Court Disposition

Special Leave Petition dismissed

Orders

  • Interlocutory application seeking exemption from surrendering was registered and rejected by the Judge-in-Chambers (order dated 08.12.2023).
  • The Special Leave Petition challenging the High Court's refusal to extend temporary bail is disposed of as infructuous.