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Bombay High CourtWP/3409/2025dismissed

Satyam Vaijnath Gurukhel v. State Of Maharashtra

2025-07-02Hon'Ble Shri Justice S. M. Modak2 pages

25-WP-3409-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3409 OF 2025 SATISH RAMCHANDRA SANGAR Satyam Vaijnath Gurukhel

...Petitioner

V/s.

SATISH RAMCHANDRA SANGAR Date: 2025.07.03 11:32:10 +0530 The State of Maharashtra and Ors.

...Respondents

***** Mr.Manas N. Gawankar i/b. Mr.Shreyas N. Gawankar:- Advocate for Petitioner.

Mr.C.D.Mali:- APP for Respondents-State.

*****

CORAM

:

S. M. MODAK, J.

DATE :

2nd JULY 2025 P. C. :- 1.

Heard learned Advocate Shri.Gawankar for the Petitioner and learned APP.

2.

The Petitioner is externed by the order of Deputy Commissioner of Police (Zone-10) Mumbai as per the order dated 22 nd November 2023. The Petitioner had challenged this order by way of earlier Writ Petition but it was disposed of as withdrawn as per the order dated 10th May 2024.

3.

On account of pregnancy of his wife, the Petitioner again filed a Writ Petition No.5401 of 2024. This Court has granted liberty to Satish Sangar 1/2

25-WP-3409-2025.doc approach the concerned Authority for his temporary access. Accordingly, he has applied and the Deputy Commissioner of Police was pleased to grant re-entry for 10 days. However, the learned APP pointed out to me that he has not communicated his exact 10 days and according to him, it shows that he is not interested for re-entry. 4.

According to Mr.Gawankar, till that period of 10 days is given, the wife of the Petitioner has undergone premature delivery on 26th April 2025 and that is how, he could not avail that benefit. 5.

Now, by way of this Petition, again there is challenge to the order dated 22 nd November 2023 . Mr.Gawankar submitted that in view of spontaneous urgent delivery which has not resulted into the child being born alive, now his wife wants the mental support and that is why, he prayed for the re-entry at least for the remaining period. It is strongly opposed by learned APP on the ground that there are family members who can take care of the wife.

6.

So, for the above submission, there are family members and the premature delivery has taken place on 26th April 2025, I am not inclined to grant any relief. Hence it is dismissed. [S. M. MODAK, J.] Satish Sangar 2/2