Appa Gajabapu Koradkar (C-342) v. The State Of Maharashtra And Another

980.WP.410.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.410 OF 2023 APPA GAJABAPU KORADKAR (C-342)

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Ms. Sharada P. Chate APP for Respondents: Mr. S.D. Ghayal ...

CORAM

: MANGESH S. PATIL & ABHAY S. WAGHWASE, JJ.

DATE : 18.04.2023 PER COURT :

Heard both the sides. The petitioner is seeking emergency parole.

2.

The petitioner's land is being acquired for a public project by resorting to private negotiations and by executing a sale deed. He intends to appear before the concerned land acquisition officer and then registered the sale deed.

3.

Obviously, the reason being quoted will not fall under the Rule 19 of the Prisons (Bombay Furlough and Parole) Rules, 1959. 4.

However, considering the ground on which he is seeking parole, according to us he can be released on temporary parole for couple of days, so that he can complete the formalities.

5.

The learned advocate for the petitioner tenders across the bar a communication received from the Executive Engineer, Kukadi Distribution 1/2

980.WP.410.23.odt and Construction Division, Kolwadi, Taluka Karjat, District Ahmednagar dated 13.04.2023 informing him that his land is being acquired and the sale deed is proposed to be got executed between 08.05.2023 and 12.05.2023. 6.

Contemplating some deliberations and taking into account the period required for completing the formalities leading to the registration of a sale deed, we allow the petition partly and grant the petitioner parole for 09.05.2023 and 10.05.2023 subject to appropriate security to be furnished to the Jail Authority. Irrespective of this period, no sooner the sale deed is registered the petitioner shall surrender to the Jail Authority on the same day evening by 9:00 pm. The petitioner shall comply with the regular formalities of executing bonds etc. as per the regulations of the Jail. (ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) habeeb 2/2