LexJASMINBHAI BHARATBHAI KOTHARI versus STATE OF GUJARAT
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[2025] 1 S.C.R. 1491 : 2025 INSC 172 Jasminbhai Bharatbhai Kothari v. State of Gujarat (Special Leave Petition (Criminal) Diary No. 45970 of 2023) 30 January 2025 [Vikram Nath and Sandeep Mehta, JJ.] Issue for Consideration Plain reading and interpretation of Order XXII Rule 5 of the Supreme Court Rules, 2013. Headnotes† Supreme Court Rules, 2013 – Interpretation of Order XXII Rule 5 – The instant SLP is filed against the order dated 19.10.2023 passed by the High Court, whereby the Division Bench had refused to extend the period of temporary bail granted to the petitioner – While preferring the present special leave petition, the petitioner also filed an Interlocutory Application seeking exemption from surrendering – The said application was registered by the Registry and stands rejected by the Hon’ble Judge-in-Chamber vide order dated 08.12.2023: Held: The prima facie opinion of this Court is that the Interlocutory Application seeking exemption from surrendering could not have been entertained in the very first instance – This conclusion is based on plain reading and interpretation of Order XXII Rule 5 of the Supreme Court Rules, 2013 – On perusal of the aforesaid Rule, it is clear that an Interlocutory Application for exemption from surrendering is admissible only where the petitioner in the special leave petition has been ‘sentenced to a term of imprisonment’ and not in any other situation – The Registry of this Court has been entertaining applications for exemption from surrendering in various other categories of cases, such as the rejection of anticipatory bail, rejection of a prayer for an extension of interim bail, etc. – This Court is firmly of the opinion that an application seeking exemption from surrendering cannot be entertained or listed before the Hon’ble Judge-in-Chambers in any special leave petition, except where the petitioner has been sentenced to a term of imprisonment – This 1492 [2025] 1 S.C.R. Supreme Court Reports order shall be placed before Hon’ble the Chief Justice of India for seeking formal instructions to the concerned filing, scrutiny and numbering Sections concerning matters in which Order XXII Rule 5 will apply – Returning to the facts of the present case, since the petitioner has already surrendered upon the rejection of the Interlocutory Application, the present special leave petition challenging the High Court's refusal to extend the temporary bail has become infructuous. [Paras 4, 5, 6, 11] Case Law Cited Kapur Singh v. State of Haryana (2021) 18 SCC 579 – relied on. Mahavir Arya v. State Government NCT of Delhi and Anr., Special Leave Petition (Criminal) [Diary No. 8160 of 2021]; Mayuram Subramanian Srinivasan v. CBI [2006] Supp. 3 SCR 48 : (2006) 5 SCC 752; Vivek Rai and Another v. High Court of Jharkhand [2015] 1 SCR 1014 : (2015) 12 SCC 86; Dilip Majumder v. Nikunja Das & Anr., Special Leave Petition (Criminal) [Diary No. 6517 of 2020]; Sanjit Saha and Another. v. State of West Bengal [2023] 15 SCR 83 : 2023 SCC OnLine SC 1693 – referred to. List of Acts Penal Code, 1860; Arms Act, 1959; Supreme Court Rules, 2013. List of Keywords Order XXII Rule 5 of Supreme Court Rules, 2013; Exemption from surrendering. Case Arising From CRIMINAL APPELLATE JURISDICTION: Special Leave Petition (Criminal) Diary No. 45970 of 2023 From the Judgment and Order dated 19.10.2023 of the High Court of Gujarat at Ahmedabad in CRMA No. 9 of 2023 in R/Crl A No. 417 of 2019 Appearances for Parties Advs. for the Petitioner: Miss Aanchal Jain, Karan Dewan. [2025] 1 S.C.R. 1493 Jasminbhai Bharatbhai Kothari v. State of Gujarat Judgment / Order of the Supreme Court Order 1. This present petition is directed against the order dated 19th October, 2023 passed by the High Court of Gujarat1, whereby the Division Bench had refused to extend the period of temporary bail granted to the petitioner in Criminal Appeal No. 417 of 2009, preferred by the petitioner herein, which is pending adjudication before the High Court. In the said criminal appeal, the petitioner has assailed the conviction and sentence awarded by the learned Additional Sessions Judge, District Court Bhavnagar vide judgment dated 3rd November, 2018, for the offences punishable under Section 302 of the Indian Penal Code, 1860 read with Section 34 and Section 25 (1) (B) (A) of Arms Act, 1959. 2. We have noticed an apparent anomaly in the listing of this petition which we propose to clarify
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