Haresh Mohandas Rajput v. The State Of Maharashtra And ORS.

2-wp-66.2014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2884 OF 2014 Haresh Mohandas Rajput ...

Petitioner

Versus

The State of Maharashtra and Ors.

...

Respondents Mr.N. J. Shirke i/by A.G. Toraskar for the petitioner. Smt. Aruna Pai, APP for the State.

CORAM : B.P. DHARMADHIKARI & NITIN R. BORKAR, JJ.

DATE :

JANUARY 06, 2020 P.C.:

Counsel appointed is not available as he is unwell. Learned APP is seeking time as the instructions are awaited. 2.

As the matter is pending since 2014, we have rejected the request for adjournment. Learned APP has therefore, attempted to assist the Court.

3.

The facts show that the petitioner was before this Court in Criminal Writ Petition No.1696 of 2013. It was allowed on 02/12/2013 by directing the Authorities to accept the surety of the mother of the petitioner.

4.

After this direction, while passing orders on 31/01/2014 and accepting his request for furlough leave, additional condition of nilegaonkar 1/2

2-wp-66.2014.odt depositing cash amount of Rs.20,000/- has been imposed. That condition has been questioned.

5.

Petitioner has on 26/7/2018 sent letter for expeditious disposal of his petition. As this court has directed the Authorities to accept the mother as surety, we find that the additional condition asking him to deposit amount of Rs. 20,000/- in cash could not have been imposed.

6.

In any case, period of more than six years has expired after passing of that order. Learned APP submits that the prisoner has also been shifted to Kalamba Jail at Kolhapur. In this situation, we quash and set aside the order dated 31/01/2014 and permit the Authorities to take into account the changed circumstances and pass suitable orders in consonance with the directions of this Court dated 02/12/2013 supra. If the petitioner prisoner has not been permitted to avail furlough or parole leave after 31/1/2014 till date, fresh orders as directed supra be passed in next six weeks.

7.

Petition is partly allowed.

8.

This order be communicated to the petitioner/prisoner in jail.

(NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2