Bombay High CourtAPPW/85/2017others disposed off

Tushar Sahebrao Dalal (In Jail) v. Deputy Inspector General (Prisons) (East) Nagpur And Another

2017-04-27Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

appw85.17 4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPW) NO.85 OF 2017 IN CRIMINAL WRIT PETITION NO.69 OF 2017 Tushar Sahebrao Dalal ..vs..

Deputy Inspector General (Prisons) (East) Nagpur and another ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri Mir Nagman Ali, Counsel for the applicant/petitioner. Shri A.S. Fulzele, Addll.P.P. for the NA Nos.1 & 2/State.

CORAM

: B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATED : APRIL 27, 2017.

Heard learned counsel Shri Mir Nagman Ali for the applicant/petitioner and learned Additional Public Prosecutor Shri A.S. Fulzele for nonapplicants/State. Though we find substance in objection raised by learned Additional Public Prosecutor Shri Fulzele that such an application should not have been moved in disposed of matters, in present circumstances, we are inclined to look into merits of the controversy. Criminal Writ Petition No.69 of 2017 has been allowed on 29.3.2017 by accepting surety furnished by the applicant/petitioner and residing at .....2/-

appw85.17 4 Kuhi (village Champa) after noticing that the applicant/petitioner is undertaking to stay at Kuhi only i.e. the place where this surety can control his movements. There is no direction to substitute that surety or obtain any other surety.

Hence, communication dated 10/18.4.2017, at Annexure-II of application, is quashed. The applicant/petitioner shall be released, as directed in the order of this Court, by accepting necessary bonds and undertaking furnished by surety staying at Kuhi (Champa).

The criminal application is disposed of as such.

JUDGE JUDGE !! BRW !!

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