Nagraj Sudam Shinde v. The State Of Maharashtra And ORS

by LAXMIKANT GOPAL CHANDAN Date: 2022.06.11 15:10:48 +0530 LAXMIKANT GOPAL CHANDAN

(88) wp-1648.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1648 OF 2016 Nagraj Sudam Shinde : Petitioner versus The State of Maharashtra : Respondent.

Mr. Pawan Mali, Advocate appointed for the Petitioner. Smt. A S Pai, PP, for the Respondent/State.

CORAM : S. S. SHINDE, MILIND N. JADHAV, JJ DATE : 09th June 2022 P.C.

The learned Public Prosecutor has tendered across the bar a report prepared and signed by Additional Senior Prison Officer, Yerwada Central Prison, Pune-6. The same is taken on record and marked "X" for identification. It appears that the Petitioner has been released on bail by order dated 15/03/2017 in Criminal Application No.172 of 201 in Criminal Appeal No.88 of 2017. The grievance raised in the Petition is that when the Petitioner was produced before the Magistrate, the Magistrate did not ask him whether he was hand cuffed while bringing him in the court. The Petitioner has also prayed that the Magistrate is obliged to put such a question to every undertrials produced before him. lgc

(88) wp-1648.16.odt In our opinion, the Petition suffers from material particulars. There are no material particulars when the Petitioner was produced before the Magistrate and the Magistrate did not ask him question. In that view of the matter, it is difficult to grant any relief on the basis of general averments and grounds taken in the Petition, which we find insufficient to grant any relief. Hence the Writ Petition stands disposed of.

[MILIND N. JADHAV, J] [S. S. SHINDE , J] lgc