Kaduba Yadav Dhandar v. The State Of Mah. Thr. Pso Ps Buldhana Rural Tah. And Dist.Buldhana

apl33.24.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.33 OF 2024 (Kaduba Yadav Dhandar Vs. The State of Maharashtra thr. PSO PS Buldhana Rural, Tah. & Dist. Buldhana) ---------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

---------------------------------------------------------------------------------------------------------------------------------- Mr. S. U. Bhuyar, Advocate for Applicant.

CORAM: M. W. CHANDWANI, J.

DATE: 12 th FEBRUARY, 2024.

The order dated 04.08.2023 passed by the Additional Sessions Judge, Buldhana in Criminal Application No.23/2016 below Exh.22 thereby rejecting the application of the applicant/prisoner to call the record from the Deputy Commissioner, Amravati Division, Amravati along with the application submitted by the applicant. 2.

It is the contention of the learned counsel for the applicant that the applicant is a convict and he was granted parole. While he was on parole, he sent an application for extension of the parole period to the learned Deputy Commissioner, Amravati Division, Amravati, under the impression that application might have been granted. Thereafter, he surrenders with the Jail Authority, Akola. However, in the meantime offence came to be registered against the applicant under Section 224 of the Indian Penal Code on the allegation that he escaped from custody.

apl33.24.O.odt The applicant is convicted for offence punishable under Section 224 of the IPC by the learned Judicial Magistrate First Class, Buldhana in Summary Criminal Case No.108/2015. He preferred an appeal before the learned Additional Sessions Judge wherein he prayed for calling the record from the file of Deputy Commissioner, Amravati Division, Amravati came to be rejected.

3.

Issue notice, returnable within two weeks.

4.

Mr. A. M. Kadukar, the learned A.P.P. waives notice on behalf of non-applicant/State.

JUDGE NSN Signed by: Mr. N.S. Nikhare Designation: PA To Honourable Judge Date: 13/02/2024 17:03:43