Javed @ Java Noor Mohd. Sheikh v. Deputy Inspector General Prison East Nagpur And Another

criwp11.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 11/2021 PETITIONER :

Javed @ Java Noor Mohd. Sheikh, aged about 39 years, R/o. Room No.2, Ground Floor, Falak Hights behind Shiv Shena Shakha, Opp. Shankar Mandir, Norottam Nagar, Compound Mubra, Distt. Thane-400612 (C-5221 - Presently at Central Prison, Amravati) ...VERSUS...

RESPONDENTS: 1. Deputy Inspector General of Prison East, Nagpur.

2. The Superintendent of Central Prison, Amravati, ---------------------------------------------------------------------------------------------- Shri S.D.Chande, Advocate for petitioner Ms Nandita Dubey, APP for respondent nos.1 and 2 ---------------------------------------------------------------------------------------------- CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATE : 03/02/2021.

ORAL JUDGMENT (PER : SUNIL B. SHUKRE, J.) .1] Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties. 2] Now, the petitioner has given the new address of the surety namely Moiz Aziz Shaikh, R/o. Room No.2, Ground Floor,

criwp11.21.odt Falak Heights, Behind Shiv Shena Shakha, Opposite Shankar Mandir, Narottam Nagar, Compound Mumbra, Ditrict Thane - 400612. The authorities can verify this address and satisfy themselves regarding the competency or otherwise of the proposed surety. Therefore, this matter requires fresh consideration by the authority. 3] Accordingly, the impugned order is hereby quashed and set aside and the matter is sent back to the respondents for fresh consideration in accordance with law.

4] Rule is made absolute in these terms. No costs. JUDGE JUDGE Rvjalit