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Bombay High CourtAPPA/150/2025disposed off

Manish Madhukar Parate ( In Jail) v. State Of Maharashtra

2025-02-13Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:1599

(1) 19.appa.150.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.150 OF 2025 IN CRIMINAL APPEAL NO.727 OF 2023 Manish Madhukar Parate Vs.

State of Maharashtra, through Police Station Officer, Kalamna, District Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. M. Thakare, Counsel for the applicant. Mr. V. A. Thakre, APP for the respondent /State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 13/02/2025 1.

By this application, the applicant is seeking direction to the Central Jail Authorities to arrange for a "Registrar" to facilitate the execution of the sale deed within the Jail premises, or allow the applicant to visit the Registrar's office under Police Escort, or grant him one-day bail to complete the sale deed under Police Escort, in the interest of justice. 2.

Initially, the applicant has filed an application for temporary bail in Criminal Appeal No.727/2023 which is turned down by this Court. The applicant is requesting to release him on bail for execution of the sale deed within the Jail premises, and therefore, the applicant was directed to file an appropriate application before the Jail Authorities.

(2) 19.appa.150.2025 The Central Jail Authorities informed the applicant that they can arrange the Registrar within the Jail premises for executing the sale deed if the Court passes an order to that extent.

3.

Learned Counsel for the applicant pointed out that the applicant is in jail and for day-to-day expenses he has to execute the sale deed to arrange money for his defence as well as for the maintenance to his family members and therefore, he be permitted to execute the sale deed.

4.

In view of para No.3 of the said application, the Central Jail authorities have informed the applicant that they have the power to arrange for the presence of the Registrar within the Jail premises for executing the sale deed. In view of that, on receiving the application from the purchaser, the Registrar can remain present in the Jail premises for executing the sale deed and the Central Jail Authorities also can arrange the presence of the Registrar within the Jail premises for executing the sale deed. In the light of the above circumstances, the application deserves to be allowed and therefore, I direct the Superintendent of Central Jail, Nagpur to arrange for a Registrar to facilitate the execution of the sale deed within the Jail premises.

5.

The purchaser shall file an application before the Registrar to that extent.

(3) 19.appa.150.2025 6.

The purchaser to file an application before the Registrar asking him to remain present in the Jail premises to execute the sale deed in his favour. 7.

The application is disposed of.

8.

All the pending application(s), shall stand disposed of.

Criminal Appeal No.727/2023 Stand over to 11.03.2025.

(URMILA JOSHI-PHALKE, J.) Sarkate