Charu @ Charansing @ Cheru @ Sanab Ramesh Waskar Rajput @ Kenjarbhat v. The State Of Maharashtra

pmw 1/2 wp-632.13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.632 OF 2013 Charu @ Charansing @ Cheru @ Sanab

...Petitioner

Vs.

The State of Maharashtra

...Respondent

---- Smt. Indrayani M. Koparkar for the Petitioner. Smt. Aruna S. Pai, APP for the Respondent- State. ---- CORAM : B. P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : 6th NOVEMBER 2019.

P.C.:

Heard the learned counsel (appointed) and the learned APP. The learned APP upon instructions of Shri. Nagesh Kamble, Jailor, Yerwada Jail states that petitioner has already completed 26 years in prison and because of completion of prison term he has been already released from prison on 13th March 2016.

Counsel appointed states that in petition the petitioner intended to demonstrate that he was juvenile on the date of commission of offence. The learned APP has pointed out that this plea of juvenility was specifically looked into by the Sessions Court and by a separate order passed in 18th April 2009 it was negated that order was never questioned. At this stage, it is not in dispute that no records are produced to demonstrate age or date of birth of petitioner.

pmw 2/2 wp-632.13.doc In this situation, we grant petitioner leave to re-agitate that question if he gets any records.

Accordingly, we dispose of the petition.

(SMT. SADHANA S. JADHAV, J.) (B. P. DHARMADHIKARI, J.)