Harkbahadur S/O Logbahadur Bhandari v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5437 OF 2019 Harakbahadur S/o.Logbahadur Bhandari

...Petitioner

Vs.

The State of Maharashtra

...Respondent

---- Mr. Anand S. Shalgaonkar for petitioner.

Dr. P. R. Shaikh, APP for the State.

---- CORAM : B. P. DHARMADHIKARI & N.R.BORKAR, JJ.

DATE : 14TH JANUARY, 2020.

P.C.:

Heard Learned Counsel (appointed) and Learned APP. 2.

Prisoner vide letter dated 16th February, 2019, seeks sentences imposed upon him to run concurrently and also has prayed for waiving of fine amount of Rs.10,600/-. His letter is at page no.10. 3.

Learned APP has produced a communication dated 13th

2/3 January, 2020 sent by Deputy Superintendent, Yerwada Central Prison to his office. It is taken on record at Exh.A. It mentions that prisoner has completed 10 years of imprisonment and also has paid fine amount of Rs.20,000/-. He has been, therefore, released in that matter. In crime No.98 of 2010 at D.N.Nagar Police Station, Special Court, Greater Mumbai sentenced him to 10 years of imprisonment and fine of Rs.20,000/- on 3rd September, 2015.

4.

In MCOC Case registered against him in Appeal, he has been ordered to be released on bail and as per those orders, on 9th October, 2019, he has been released on bail.

5.

In crime No.83 of 2010 at Oshiwara Police Station, additional punishment was imposed on 3rd February, 2015. He was to undergo 10 years of imprisonment and to pay fine amount of Rs.1,06,000/-.

6.

As he has already completed prison term in one matter and has been, in other matter, released on bail, we find that grievance does not survive.

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In this situation, the grievances as made, does not survive. Petition is disposed of accordingly.

(N.R.BORKAR, J.) (B. P. DHARMADHIKARI, J.)