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Saket Vikas Panse (C-5188) v. The State Of Maharashtra And Others

2023-04-11Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

966.wp.1130.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1130 OF 2022 SAKET VIKAS PANSE (C-5188)

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Jaiswal Rupesh A. APP for Respondents: Mr. M.M. Nerlikar ...

CORAM

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

DATE : 11.04.2023 PER COURT :

The petitioner is before this Court aggrieved by the rejection of his request for extension of parole leave. He had moved the application seeking parole while being lodged in Kolhapur Central prison. His application was decided by the Divisional Commissioner, Pune. Aggrieved by the rejection of his request for extension of parole he had preferred appeal before Inspector General of Prisons, Pune. 2.

Prima facie, according to us, in view of the full bench decision in the matter of The State of Maharashtra Vs. Guddu @ Kansha Wahab Shaikh; Criminal Application No.2073/2020 in Criminal Write Petition No.1362/2020 decided on 25.01.2021 and particularly in the light of observations in paragraph Nos.17 to 20, there is a serious issue regarding jurisdiction of this bench at Aurangabad to decide the writ petition in light of the provision in Chapter XXXI of Bombay High Court, Appellate Side 1/2

966.wp.1130.22.odt Rules, 1960.

3.

The learned advocate for the petitioner seeks time to explore if he can seek transfer of the petition on administrative grounds. 4.

Stand over to 18.04.2023 (ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) habeeb 2/2