Supreme Court Clarifies Rule on Exemption from Surrendering in Special Leave Petitions
The case of Jasminbhai Bharatbhai Kothari vs. The State of Gujarat brings forth an important clarification by the Supreme Court regarding the applicability of Order XXII Rule 5 of the Supreme Court Rules, 2013. The petitioner sought an extension of temporary bail, but the High Court of Gujarat rejected his request. The Supreme Court took this opportunity to address a broader issue concerning the procedural aspects of filing special leave petitions (SLPs) related to bail matters.
Background of the Case
The petitioner, Jasminbhai Bharatbhai Kothari, was convicted by the Additional Sessions Judge, District Court Bhavnagar, on November 3, 2018, for offenses punishable under:
- Section 302 of the Indian Penal Code (IPC), 1860 – Murder
- Section 34 IPC – Common Intention
- Section 25(1)(B)(A) of the Arms Act, 1959 – Possession of Illegal Arms
The petitioner was sentenced to life imprisonment and filed Criminal Appeal No. 417 of 2009 before the Gujarat High Court. While the appeal was pending, the High Court had granted temporary bail, but upon expiry, the petitioner’s request for an extension was denied.
Petitioner’s Arguments
The petitioner, through his counsel, argued the following:
- The petitioner had sought an extension of temporary bail due to compelling personal reasons.
- The rejection of the bail extension by the High Court was an undue hardship on the petitioner.
- The petitioner also filed an Interlocutory Application (IA No. 248997 of 2023) before the Supreme Court seeking exemption from surrendering.
Respondent’s Arguments
The State of Gujarat, represented by the prosecution, countered:
- The petitioner had already availed temporary bail, and there were no exceptional circumstances warranting an extension.
- The petitioner’s reliance on an exemption from surrendering under Order XXII Rule 5 of the Supreme Court Rules, 2013, was misplaced.
- The petitioner was convicted of a serious offense under Section 302 IPC, and leniency should not be granted.
Supreme Court’s Observations
The Supreme Court Bench comprising Justice Vikram Nath and Justice Sandeep Mehta delivered the judgment on January 30, 2025. The Court examined the procedural issue concerning applications for exemption from surrendering in special leave petitions.
“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.”
Key Findings
- Applications for exemption from surrendering are only applicable where a petitioner has been sentenced to a term of imprisonment.
- In cases of anticipatory bail rejection or denial of bail extension, Order XXII Rule 5 does not apply.
- The Supreme Court Registry had been incorrectly entertaining such applications in various categories of cases beyond what the rule permitted.
Reference to Previous Rulings
The Court referred to multiple cases supporting its interpretation:
- Mahavir Arya v. State Government NCT of Delhi: Held that Order XXII Rule 5 applies only to cases where the petitioner is sentenced to a term of imprisonment.
- Kapur Singh v. State of Haryana (2021) 18 SCC 579: Dismissed an application for exemption from surrendering in a case of bail cancellation.
- Mayuram Subramanian Srinivasan v. CBI (2006) 5 SCC 752: Reiterated that surrendering requirements are specific and should not be confused with bail orders.
- Vivek Rai v. High Court of Jharkhand (2015) 12 SCC 86: Held that procedural rules should be strictly interpreted.
Final Judgment
The Supreme Court ruled as follows:
- The petitioner had already surrendered after the rejection of the interlocutory application.
- The special leave petition challenging the High Court’s refusal to extend temporary bail was deemed infructuous.
- The Supreme Court disposed of the SLP accordingly.
- All pending applications in connection with the case were also disposed of.
Impact of the Judgment
The ruling provides clarity on the procedural requirements for filing SLPs involving bail matters. By reaffirming that Order XXII Rule 5 applies only to cases where the petitioner has been sentenced to a term of imprisonment, the Court ensures uniformity in procedural compliance.
This decision will prevent unnecessary filings and will streamline the Registry’s processing of bail-related special leave petitions. It also reiterates that exemptions from surrendering cannot be sought in cases of rejection of anticipatory bail or denial of bail extension.
Conclusion
The case of Jasminbhai Bharatbhai Kothari vs. The State of Gujarat underscores the importance of strict adherence to procedural rules in criminal appeals. The Supreme Court’s ruling clarifies a longstanding ambiguity regarding the applicability of Order XXII Rule 5 of the SC Rules, 2013, ensuring that exemption applications are filed only in appropriate cases.
By disposing of the SLP as infructuous, the Court has reinforced that procedural compliance is paramount in bail-related matters. This ruling will serve as a guideline for future cases and improve the efficiency of judicial processes.
Petitioner Name: Jasminbhai Bharatbhai Kothari.Respondent Name: The State of Gujarat.Judgment By: Justice Vikram Nath, Justice Sandeep Mehta.Place Of Incident: Bhavnagar, Gujarat.Judgment Date: 30-01-2025.
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