Ashraf Hamid Shaikh v. The State Of Maharashtra

83. WP 189-20.doc Chittewan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.189 OF 2020 Ashraf Hamid Shaikh ...

Petitioner

Versus

The State of Maharashtra ...

Respondents ALONG WITH WRIT PETITION NO.2643 OF 2018 (NO R&P) ALONG WITH WRIT PETITION NO.4690 OF 2019 *** Mr. M.U. Rajput for the Petitioner.

Ms. A.S. Pai, PP for the Respondent-State.

Mr. S.B. Khartode, Jailer, Group-I, Nasik Road Central Prison present. *** CORAM : PRASANNA B. VARALE & S. M. MODAK, JJ.

DATE : 27 APRIL 2022 P. C. :

.

Considering the grievance raised in the Petitions, a detailed Order was passed by this Court on 18 April 2022. Learned PP, on instructions, submits that the Petitioner was accused in three offences, i.e. (i) Crime No.13 of 2017 registered at Saykheda Police Station, for the offences under Sections 457, 380 and 411 of Indian Penal Code, (ii) Crime No.37 of 2017 registered at Manpda Police Station for the offences under Sections 454, 457 of the Indian Penal Code and (iii) Crime No.37 of 2017 registered at Ganeshpuri Police Station for the offences under Sections 457 and 380 of Indian Penal Code. It was grievance of the Petitioner that the Petitioner was not presented before the Magistrate and prayer for his 1/2

83. WP 189-20.doc Chittewan release was sought for. Learned PP, on instructions, submitted that so far that particular crime arising out of Crime No.37 of 2017 registered at Manpada Police Station is concerned, the Petitioner was not only presented before the Magistrate, but subsequently, the Petitioner submitted an application for grant of bail and the application was allowed and the Petitioner is released on a bail.

Accordingly, the Petitioner after completing his sentence in respect of Crime No.13 of 2017 registered at Saykheda Police Station and Crime No.37 of 2017 registered at Ganeshpuri Police Station, was released from the prisons. A copy of the communication with those relevant instructions is taken on record and marked '

X'

for identification. In view of the above referred facts, the grievance raised in the Petition no more survive. The Petition is accordingly disposed of.

Fees of the appointed learned Counsel for the Petitioner be paid over according to Rules.

This very grievance was raised by the petitioner by filing earlier two Petitions, namely, Writ Petition Nos.2643 of 2018 and 4690 of 2019 (No Rs & Ps, though shown on cause-list). So we have disposed of Writ Petition No.189 of 2020, observing that the grievance no more survives. Resultantly, these two Petitions are also disposed of. (S. M. MODAK, J.) (PRASANNA B. VARALE, J.) RAJESH VASANT CHITTEWAN RAJESH VASANT CHITTEWAN Date: 2022.05.02 20:21:16 +0530 2/2