Sanaulla Baitulla Sheikh v. Ravindra Sengaonkar And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1684 OF 2017 Sanaulla Baitulla Sheikh

...Petitioner

Vs.

Ravindra Sengaonkar Commissioner of Police, Solapur & Anr.

...Respondents

Mr. D.S. Mhaispurkar, Advocate for the Petitioner Mrs. M.H. Mhatre, A.P.P. for the State CORAM : SMT. V.K. TAHILRAMANI, & M.S. KARNIK, JJ.

DATED :19TH APRIL, 2017 P.C. :

1.

Heard learned Counsel for the Petitioner.

2.

Rule. By consent Rule is made returnable forthwith. 3.

The Petition has been filed by the brother of the detenu. The detenu is Taufiq Ismail Shaikh @ Pailwan. The detenu has been detained by order dated 20th March, 2017 under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and

persons engaged in Black-marketing of Essential Commodities Act, 1981 (MPDA Act) as he is a dangerous person.

4.

In the present Petition the main prayer is that parole be granted for a period of fifteen days to the detenu for complying with the statutory requirements and attending the meeting of the elected members of Solapur Municipal Corporation. It is stated that the detenu is an elected Corporator of the Solapur Municipal Corporation. It is further stated that there is a meeting on 20th April, 2017 which it is necessary for the detenu to attend. 5.

It is stated that in the said meeting the candidates will be elected from all political parties to various committees and the party of the detenu has been allotted one seat and the detenu is also entitled to vote for the election. As far as this contention is concerned it is not necessary for the detenu to remain present in the meeting on 20th April, 2017 and the elections could go on even in his absence.

6.

The second ground on which parole is sought is that it is

necessary for the detenu to furnish the election expenses of the party, which are required to be communicated to the State Election Commission.

7.

The learned A.P.P. has produced a fax received from the Solapur Municipal Corporation, Solapur in which it is stated that it is not necessary for the person to remain present in person to submit the details of expenses. The said fax is taken on record and marked "X" for identification.

8.

In this view of the fact we are not inclined to grant the prayer of the Petitioner on any of the grounds. Rule is discharged. (M.S. KARNIK, J.) (SMT. V.K. TAHILRAMANI, J.)