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Bombay High CourtWP/4099/2022dismissed

Mohammed Sajid Marghoob Ansari v. State Of Maharashtra And ANR

2023-02-02Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice R. N. Laddha2 pages

by CHITRA SANJAY SONAWANE Date:

2023.02.08 15:54:56 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane.

35-wp-4099-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4099 OF 2022 Mohammed Sajid Marghoob Ansari ...

Petitioner.

Versus

The State of Maharashtra & Ors.

...

Respondents.

.....

Ms Kritika Agarwal, Advocate for the Petitioner. Sr.Advocate Raja Thakare, Special Public Prosecutor, with Adv.Siddharth Jaguste, with Adv.Kanishk Waghwase, with Aadarsh Joshi, for Respondents.

Smt MM Deshmukh, APP for State.

.....

CORAM: NITIN W. SAMBRE AND R. N. LADDHA, JJ.

DATE : 2 FEBRUARY 2023 P.C. :- .

Pursuant to prayer for grant Emergency Parole by the applicant, based on the cause of death of his sister on 1.10.2022, the competent authority directed the Applicant to pay the escort charges, which are not paid by the Applicant till this date. 2.

Applicant has come out with an explanation that he has no source of income being a life convict, and his brother has limited

Chitra Sonawane.

35-wp-4099-2022.doc source of income, and that being so, he is not in a position to deposit the escort charges.

3.

Learned Counsel for the Applicant has submitted that the Applicant has every right to visit his sister's grave to offer prayers. 4.

In view of the above, we are inclined to grant him such prayer provided, the Applicant is willing to pay the escort charges for a day, as he is lodged in Nashik Central Prison. However, the learned Counsel for the Applicant is unable to commit or make any statement on the said issue.

5.

In this background, we are not inclined to allow the application. Hence, the Application is, rejected. [R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]