Sheikh Haji Sheikh Sarvar (In Jail) v. State Of Maharashtra, Thr. The Secretary, Home Ministry, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 358 OF 2016 (Sheikh Haji Sheikh Sarvar vs. The State of Maharashtra thr. Secretary, Home Ministry & Ors.) AND CRIMINAL WRIT PETITION NO. 364 OF 2016 (Sheikh Haji Sheikh Sarvar vs. Jail Superintendent, Chandrapur District Prison & Anr.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

AUGUST 16, 2016.

Heard Shri A.R. Wagh and Shri Mir Nagman Ali, learned counsel for the petitioner and Shri V.A. Thakre, learned APP for the respondents.

The same accused challenges continued attachment under Section 102 of the Code of Criminal Procedure, of his Bank accounts.

Shri Wagh, learned counsel submits that the period of more than ten months have already expired. In Writ Petition No. 364 of 2016, the challenge is to transfer of said accused from Chandrapur Jail to Nagpur Jail.

Shri Ali, learned counsel, upon instructions, states that the petitioner has been released on bail very recently.

In view of his release on bail, it is apparent that the challenge in Writ Petition No. 364 of 2016 is rendered infructuous. Hence, without observing anything on merits of that challenge, we dispose of Writ Petition No.364 of

2016.

The petitioner is given liberty to move suitable application as per law before the Competent Court for releasing the attachment. If such an application is moved within a period of three weeks from today, the said Court shall attempt to decide it at the earliest and in any case within a period of next six weeks.

With these directions and keeping all rival contentions open, we also dispose of Writ Petition No. 358 of 2016.

JUDGE JUDGE *GS.

C E R T I F I C A T E "I certify that this Order uploaded is a true and correct copy of original signed Order."

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