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Bombay High CourtWP/911/2016dismissed

Ashruba Karbhari More v. The State Of Maharashtra

2016-08-25Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice S.S. Shinde2 pages

911.16WP FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL WRIT PETITION NO. 911 OF 2016 ASHRUBA KARBHARI MORE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Petitioner (appointed) : Mrs.

Doke S.K.

APP for Respondent/State:Mr.S.G. Magre ...

CORAM: S.S.SHINDE & SANGITRAO S. PATIL, JJ.

Dated: August 25, 2016 ...

Heard. Perused the grounds taken in the Petition and also other documents placed on record.

2.

The learned A.P.P. has tendered across the Bar the copy of the letter written by the Superintendent, Central Jail, Nashik Road, Nashik. The same is taken on record.

3.

Upon perusal of the contents of the said letter, it appears that the petitioner was lodged in jail on 18th

911.16WP April, 1983. Thereafter the petitioner was released on parole on 18th January, 1992. The petitioner jumped the parole and did not report back to the Jail authority for about 12 years, 9 months and 13 days i.e. 7499 days. The Jail Authority has calculated the period actually undergone by the petitioner, which is less than 14 years.

4.

In that view of the matter, we are not inclined to entertain the prayer of the petitioner and give directions to the Respondents to release the petitioner, since according to the petitioner he has completed 14 years of imprisonment in jail.

5.

The Petition stands dismissed.

6.

Since, Mrs.S.K. Doke, the learned Advocate is appointed as Amicus Curie to prosecute the cause of the petitioner, her fees be paid as per the schedule of fees maintained by the the High Court Legal Services, Sub-Committee, Aurangabad.

(SANGITRAO S. PATIL,J) (S.S. SHINDE,J) sga/