Tukaram Vithal Jadhav v. State Of Mha. Thr. Superintendent Of Jail Central Jail Amravati And 2 Others

crwp799.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.799 OF 2021 Shri Tukaram Vithal Jadhav, Aged major, Occ: Nil.

(C-5340 - Presently at Central Prison Amravati) ...PETITIONER ...V E R S U S...

1.State of Maharashtra, Through Superintendent of Jail, Central Jail, Amravati.

2.Divisional Commissioner, Amravati Division, Armavati.

3.The Deputy Inspector General of Prison, Eastern Region, Nagpur.

...RESPONDENTS ------------------------------------------------------------------------------------------- Shri Raju Kadu, Advocate for petitioner.

Shri S.M. Ghodeswar, A.P.P. for respondents.

------------------------------------------------------------------------------------------- CORAM:- M.S. SONAK AND PUSHPA V. GANEDIWALA, JJ .

DATE :- 23 rd DECEMBER, ORAL JUDGMENT : (PER: M.S. SONAK , J.

) Rule. Rule is returnable forthwith. Heard finally with the consent of learned counsel appearing on behalf of both the sides.

2.

For the reasons which we have set out in our judgment and order dated 21.12.2021 disposing of Criminal Writ Petition No.800 of 2021 (Dilip s/o Vishnu Pawar Vs. State of Maharashtra and others), we set aside the impugned order dated 04.06.2021 made in the present case and remand the matter to the concerned authority (respondent no.1) for fresh

crwp799.21.odt consideration of application of the petitioner in accordance with law and in the light of observations that we have made in our judgment and order dated 21.12.2021 disposing of Criminal Writ Petition No.800 of 2021.

3.

The petitioner'

s application will have to be decided expeditiously and in any case within two weeks from the date of communication of this order. Further, we make it clear that the petitioner's application will have to be decided based on the situation prevailing on the date of which the said application was made.

The Rule is made absolute. There shall be no order for costs.

(Pushpa V. Ganediwala, J.) (M.S. Sonak, J.) Wagh Signed By:SURESH RAOSAHEB WAGH Personal Assistant to the Hon'ble Judge