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Bombay High CourtWP/471/2021dismissed

Santosh Sadashiv Sonwane (C-5106) v. The State Of Maharashtra And Another

2021-07-26Hon'Ble Shri Justice V.K. Jadhav,Hon'Ble Shri Justice S. G. Dige2 pages

47-CriWP-471-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 471 OF 2021 SANTOSH SADASHIV SONWANE (C-5106)

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mrs. Sharada P. Chate APP for Respondents-State : Mr. M. M. Nelrikar ...

CORAM :

V. K. JADHAV AND S. G. DIGE, JJ.

DATE : 26th JULY, 2021 PER COURT :- Heard finally with the consent of the learned counsel appearing for the parties at the admission stage. 2.

The petitioner has been convicted for the offence punishable under Section 302 of the Indian Penal Code. During conviction period, he was released on emergency parole for a period of 45 days with effect from 13-05-2020 to 27-06-2020. Thereafter, he was granted extension of 30 days on four occasions. It further appears that so far last extension was concerned, it was expired on 25-10-2020, however, before expiry of the said extension period of 30 days, i.e. on

47-CriWP-471-21.odt 09-10-2020, the petitioner-convict has surrendered himself voluntarily and submitted an application in writing addressed to the Superintendent of Open Prison, Paithan that he is resident of village Naigaon, Taluka Mawal, District Pune and he was having lot of inconvenience to stay outside.

3.

In view of the same, we find no substance in the submission made on behalf of the petitioner that his signature was obtained on blank paper and he had never surrendered himself before the authorities and refused for any further extension. Hence, the following order -

O R D E R

The Criminal Writ Petition is hereby dismissed. ( S. G. DIGE ) ( V. K. JADHAV ) JUDGE JUDGE mtk