Manish Madhukar Parate v. State Of Maharashtra, Thr. Ps, Kalamna, Tahsil And Dist. Nagpur
2025:BHC-NAG:4639 1 939-APPA 391-25 in APPEAL 727-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 391 OF 2025 IN CRIMINAL APPEAL NO. 727 OF 2023 MANISH MADHUKAR PARATE ...VERSUS...
STATE OF MAH. THR. ITS STATION OFFICER, PS KALAMNA TAH. AND DIST. NAGPUR. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Shri Sharad Thakre, Advocate h/f. Shri G.I.Dipwani, Advocate for applicant/appellant.
Shri V.A.Thakre, APP for non-applicant/State.
CORAM
:
URMILA JOSHI-PHALKE , J.
DATE :
nd MAY, By this application, the applicant is seeking permission to produce him before the Registrar, Reshimbagh, Nagpur for executing the sale deed at the office of Registrar, Reshimbagh, Nagpur.
2.
The applicant is convicted under Section 235(2) of the Code of Criminal Procedure for an offence punishable under Sections 4(2) of the Protection of Children from Sexual Offences Act and sentenced to suffer rigorous imprisonment for 20 years and a fine of Rs. 1,000/-, in default to suffer simple imprisonment for one month. He is further convicted for the offence punishable under Section 6 of the POCSO Act and sentenced to suffer rigorous imprisonment for 20 years and a fine of Rs. 1,000/-, in default to suffer simple imprisonment of one month. As the applicant is behind the bar, there is nobody to look after his family and therefore, he has to sell his property to
2 939-APPA 391-25 in APPEAL 727-23.odt arrange the amount for his family members and therefore, he is seeking permission to produce him for the purpose of executing the sale deed at the office of the Registrar, Reshimbagh, Nagpur. 3.
Initially, the permission was granted for the Registrar to remain present before the Superintendent of Central Prison, Nagpur for executing the sale deed, but in view of the Rules of the Prison, no photographs can be obtained in the premises of jail and therefore, the said sale deed could not be executed, therefore, this application is preferred.
4.
Considering the reasons mentioned in the application, the application deserves to be allowed.
5.
The Superintend of Central Prison, Nagpur shall produce the present applicant before the Registrar, Reshimbagh, Nagpur on 09/05/2025 along with the four police persons and one officer of the rank of P.S.I., for executing the sale deed in favour of the purchaser.
6.
After execution of the sale deed, the said escort shall again produce the applicant before the Superintend of Central Prison, Nagpur.
7.
The applicant has to bear the expenses of the escort. 8.
Accordingly, the application stands disposed of. (URMILA JOSHI-PHALKE, J.) B.T.Khapekar Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 03/05/2025 15:05:10