Suraj @ Lokesh S/O Virendra Dubey v. State Of Mah. Thr. Pso Ps Ramnagar Gondia Tah. And Dist.Gondia
(1) 13.ba.656,2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.656 OF 2021 Suraj @ Lokesh s/o Virendra Dubey Vs.
State of Maharashtra Through Police Station Officer, Police Station Ramnagar, Gondia, Tah and Dist. Gondia -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. G. B. Purohit, Advocate for applicant.
Mr. I. J. Damle, APP for non-applicant/State. CORAM :
AVINASH G. GHAROTE, J.
DATE : 01/02/2022 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.
2.
The applicant is pursuing LL.B. examination at Global Law Collage, Jabalpur Road Seoni, for which the examinations, for the final year are stated to be held on 5, 8, 11, 14, 17 and 19 of February 2022 at the Center, which is the above place i.e. Global Law College, Jabalpur Road Seoni, Madhya Pradesh. Global Law College is affiliated to Rani Durgavati Vishwavidyalaya, Jabalpur. The applicant is arrayed for the offence punishable under Sections 307, 364-A, 326, 397, 120-B of the Indian Penal Code and 4/25 of the Indian Arms Act and Section 3(1)(ii), 3(2), 3(4) of Maharashtra Control Organized Crimes (MCOCA) Act.
(2) 13.ba.656,2021 3.
On the last occasions, since examinations for the third year were online, the applicant appeared therein and was successful. The applicant seeks bail for the purpose of appearing in the final year LL.B. examination on the aforesaid dates. The applicant is lodged presently in the Bhandara Jail and submits, that he is willing to affray the expenses for transportation and security as per the rules for the purpose of travelling to the examination Center and coming back on the respective dates, on which the examination is being held. 4.
Learned APP for non-applicant/State, opposes the application and submits, that there is an apprehension that the applicant under the guise of appearing for the examination may abscond. Since it is a question of permitting the applicant to appear for the examination, I am inclined to permit the applicant to do so, provided the security is not compromised, considering which, the following order.
O RDER 1] The applicant is permitted to appear in the final year LL.B. examinations on 5, 8, 11, 14, 17 and 19 of February 2022, at the examination Center namely, Global Law College, Jabalpur Road, Seoni, Madhya Pradesh.
2] Since the applicant is lodged at Bhandara Jail and the examination commences at 8.00 am
(3) 13.ba.656,2021 and is upto 11.00 am on the aforesaid dates, the Jail Authorities, shall make arrangements for the transportation of the applicant to the examination Center one day prior to the date of the examination and bring him back after completion of the examination with additional security personnel accompanying the applicant to and fro.
3] While the applicant is giving the examination in the examination Hall, a security personnel, shall be stationed on the entrance of the examination Hall and shall ensure that the applicant shall return back.
4] The entire expenses for transportation as well as the security personnel shall be borne by the applicant and shall be deposited in advance with the Jail Authorities.
5.
The application therefore is partly allowed in above terms. No costs.
6.
Hamdast granted.
JUDGE SARKATE 15:35 Sarkate