Mohit S/O Dilip Marathe ( In Jail) v. State Of Maha Thr Secretary

2025:BHC-NAG:2610-DB 1 crwp47.2025 corrected.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.47/2025 Mohit Dilip Marathe VS. State of Maharashtra and another Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. N.R.Tekade, Advocate for petitioner Mr. I.J. Damle, PP for respondent nos.1 and 2. CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : FEBRUARY 17, 2025.

1.

Heard.

2.

We deem it appropriate to dispose of the petition with following order:

(i) In view of law laid down by the Apex Court in the matter of State of Maharashtra and others Vs. Saeed Sohail Sheikh and others In view of order dated 12.3.2025 correction is carried out in order.

reported in (2012) 13 SCC 19, we deem it appropriate to permit the petitioner to appear before the Court of the Judicial Magistrate First Class, Gondia, who has passed the impugned order dated 6th May, 2024. The said Court shall hear the petitioner either through virtual mode or through his Advocate and pass appropriate order by offering a reasonable opportunity in the matter of his transfer from Bhandara Jail to Washim Jail.

(ii) Let the aforesaid proceedings be concluded within a period of four weeks from today.

(iii) We further deem it appropriate to apprise the Judicial Magistrate First Class and other Judges, who are posted and working under the

2 crwp47.2025 corrected.odt Principal District Judge, Bhandara, about the aforesaid verdict of the Apex Court.

(MRS.VRUSHALI V. JOSHI, J.) (NITIN W.SAMBRE, J.) Mukund Ambulkar