Bhushan Raghunath Sapkale v. District Magistrate And Others

2025:BHC-AUG:14747-DB wp-301-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.301 OF 2025 Bhushan Raghunath Sapkale Age: 32 years, R/o. At-Khedi Khurd, Taluka and District Jalgaon .. Petitioner

Versus

1.

District Magistrate, Jalgaon, Jalgaon.

2.

The State of Maharashtra Through Addl. Chief Secretary to Government of Maharashtra Mantralaya, Home Department, Mantralaya, Mumbai.

3.

The Superintendent Yerwada Central Prison, Pune.

.. Respondents ...

Mr. Rupesh Jaiswal, Advocate h/f Ms. Jayshree Tripathi, Advocate for the petitioner.

Mrs. P. R. Bharaswadkar, APP for the respondents/State. ...

CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE : 12 JUNE 2025 OPERATIVE ORDER :

.

For the reasons to be recorded separately, following order is passed :-

ORDER

I) The Writ Petition stands allowed.

[1]

wp-301-2025.odt II) The detention order dated 27.09.2024 bearing No.Dandapra/KAVI/MPDA/38/2024 passed by respondent No.1 as well as the approval order dated 08.10.2024 and the confirmation order dated 18.12.2024 passed by respondent No.2, are hereby quashed and set aside.

III) Petitioner - Bhushan Raghunath Sapkale shall be released forthwith, if not required in any other offence. IV) Rule is made absolute in the above terms.

[ SANJAY A. DESHMUKH ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]