Ashokkumar Upendrakumar Singh v. State Of Maharashtra And ORS

RVC 63 Wp-2821-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2821 OF 2023 Ashokkumar Upendrakumar Singh ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Ms. Harjeet Kaur for the Petitioner.

Ms. Mahalakshmi Ganpathy, APP for Respondent No.1-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 19th December 2023.

P.C. :

1) At the outset, learned Advocate for the Petitioner on instructions submitted that, Petitioner is not desirous to pursue prayer clauses (a) and (b). Said statement is accepted.

2) So far as prayer clause (c) is concerned, i.e. challenge to the impugned Orders dated 16th February, 2023 passed by the Competent Authority and dated 20th June, 2023 passed by the Appellate Authority, it is an admitted fact on record that, the Petitioner was released on furlough leave on 11th February, 2000 and thereafter as he did not return to the jail, he was declared as absconding and was arrested by police and lodged in jail after lapse of 6858 days, i.e. approximately 18 years. 1/2

RVC 63 Wp-2821-2023.doc 3) In view thereof, Petitioner does not deserves any sympathy from this Court. The impugned Orders dated 16th February, 2023 passed by the Competent Authority and dated 20th June, 2023 by the Appellate Authority do not suffer from any illegality of error of law. 4) Petition is devoid of merits and dismissed in limine. ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) Digitally signed by RAJESH VASANT CHITTEWAN Date:

2023.12.26 15:25:58 +0530 RAJESH VASANT CHITTEWAN 2/2