Sham @ Tillu Laxman Khandekar (In Jail) v. The Divisional Commissioner, Amravati Division, Amravati And Another

1806cwp136.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION (CWP) NO. 136 OF 2015 (Sham @ Tillu Laxman Khandekar, Convict No. C-4339, Central Prison, Amravati vs. The Divisional Commissioner, Amravati Division, Amravati & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

JUNE 18, 2015.

Heard Ms. Sonali Saware, learned counsel (appointed) for the petitioner and Shri Nayak, learned APP for the respondents.

The learned counsel for the petitioner states that one of the reasons given in the impugned order that the petitioner was required to be arrested, is incorrect. The learned APP has also disclosed this fact to the Court. However, the impugned order also notes that illness of wife is not serious. The Medical papers show that she was outdoor patient. The Certificate dated 16.08.2014 mentions that she is clinically fit for the post of worker/ housewife. In this situation, we find the application sent to this Court erroneous and misconceived. It is rejected. The charges of the counsel appointed for the petitioner are fixed at Rs.1,500/- (Rs. One thousand five hundred only). The respondents shall recover 50% of the said charges from the petitioner out of his wages and make it over to the Legal Aid Services Sub-Committee, Nagpur of this High Court.

JUDGE JUDGE *GS.