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Order - Status 4: VISHWANATH SATYANARAYANA SHERLA Digitally signed by VISHWANATH SATYANARAYANA SHERLA Date: 2021.09.30 16:08:34 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.2260 OF 2021 Chandrakant Dattatray Rajkuvar … Petitioner Vs The State of Maharashtra … Respondent Mr.J.P. Yagnik, APP, for Respondent – State CORAM: S.S. SHINDE & N.J. JAMADAR, JJ. DATED: SEPTEMBER 30, 2021 P.C.: 1. Issue notice to the Respondent, returnable on 20th October, 2021. 2. The learned APP waives service of notice on behalf of Respondent – State. 3. In the meantime, the High Court Legal Services Committee to appoint an advocate from the legal aid panel to represent the petitioner, where the petition has been received directly through Jail. 4. The learned advocate appointed to represent the petitioner through legal aid panel shall ensure that memo of petition is prepared and filed in the Registry after serving the copy of the same to the Public Prosecutor, before the next date. 5. List on 20th October, 2021. (N.J. JAMADAR, J.) (S.S. SHINDE, J.)
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. WRIT PETITION NO. 2260 OF 2021 Chandrakant Dattatray Rajkuvar PETITIONER V/S The State Of Maharashtra RESPONDENT CORAM : HON'BLE SHRI JUSTICE NITIN JAMDAR & HON'BLE SHRI JUSTICE SARANG VIJAYKUMAR KOTWAL, JJ DATE : 20th October, 2021 P.C. : Due to paucity of time, stand over to 25/11/2021. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2260 OF 2021 Chandrakant Dattatray Rajkuvar … Petitioner V/s. The State of Maharashtra ... Respondent Mr. Ajinkya Udane i/b. Niranjan Bhavke, appointed through Legal Aid for the Petitioner Ms. M.H. Mhatre, APP for the Respondent - State CORAM : NITIN JAMDAR & SARANG V. KOTWAL, JJ. DATE : 18 NOVEMBER 2021 JYOTI PRAKASH PAWAR Digitally signed by JYOTI PRAKASH PAWAR Date: 2021.11.24 12:17:57 +0530 P.C. :- By this Petition the Petitioner is seeking Emergency (Covid-19) Parole. By order dated 19 September 2020 the request is rejected by the Respondent – authority. During the pendency of the Petition, another application was made by the Petitioner which is rejected by order dated 6 May 2021 which is placed on record. The reason given for rejection is that when the Petitioner was released on parole on 7 March 2013, he did not return within the period stipulated and overstayed for 2193 days and had to be arrested and brought back to the jail. If in view of this conduct of the Petitioner, the authority is of the opinion that the Petitioner will not be available if he released on emergency parole, the opinion cannot be considered to be unjustified. The exercise of discretion by the Respondents is not arbitrary or perverse. The Writ Petition is accordingly rejected. SARANG V. KOTWAL, J. NITIN JAMDAR, J.
Respondent-1: The State Of Maharashtra
Petitioner-1: Chandrakant Dattatray Rajkuvar
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Application No.919 of 2007 In Criminal Appeal No.745 of 2007 Shakil @ Sunil Abdul Raheman Khan .. .. Applicant (Orig. Accused No.2) v/s. The State of Maharashtra .. .. Respondent None for Applicant. Mrs.M.M. Deshmuk h, APP for Respondent ---- CORAM : DR.S. RADHAKRISHNAN & SMT.ROSHAN DALVI, JJ. Dated : 23rd August, 2007 P.C. : Heard the learned APP for the Respondent- State. This Application for condonation of delay has been filed by the Applicant (original Accused No.2) for condoning the delay of 4 years and 184 days in filing the above Appeal. This Application is filed through jail. We have perused the said Application and it appears that due to financial constraint and other difficulties, the Applicant could not lodge the above Appeal in time. The Appeal arises out of conviction under Section 302 read with Section 34 of Indian Penal Code. Under the aforesaid circumstances, sufficient cause is made for condonation of delay. There is no case of inaction, negligence or want of bona fide on the part of the Applicant. Hence, the delay in filing the above Appeal is condoned. The Application stands disposed of accordingly. ( DR.S. RADHAKRISHNAN, J.) (ROSHAN DALVI, J.)
Respondent-1: The State Of Maharashtra
Petitioner-1: Shakil @ Sunil Abdul Raheman Khan
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5610 OF 2021 Somnath Baburao Mayrane. … Petitioner. V/s. The State of Maharashtra. … Respondent. Mr.J.P.Yagnik, APP for the Respondent- State. CORAM : NITIN JAMDAR AND N.R. BORKAR, JJ. DATE : 29 July 2022. P.C. : The learned APP informs that the Petitioner was released on emergency (Covid-19) parole but he has not returned back and is absconding. As per the Government Resolution dated 4 May 2022, the said policy is discontinued. Therefore, no relief can be granted. Writ petition is rejected. (N.R. BORKAR, J.) (NITIN JAMDAR, J.)
Respondent-1: The State Of Maharashtra
Petitioner-1: Somnath Baburao Mayrane
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6006 OF 2021 Noman Gulam Haider Shaikh … Petitioner V/s. The State Of Maharashtra … Respondent None for Petitioner. Mr. S. S. Hulke APP, for Respondent-State. CORAM : A.S. GADKARI AND MILIND N. JADHAV, JJ. th DATE : 10 NOVEMBER, 2022. P.C. : Learned APP on instructions from Additional Senior Jailor, Mumbai Central Prison, Mumbai submitted that, by an Order dated 22nd March, 2022 passed by City Civil and Sessions Court Mumbai, Appellant has been acquitted from the case and has been released from jail on 23rd March, 2022. In view thereof, present Petition has become infructuous and is accordingly disposed off. [MILIND N. JADHAV, J.] [A.S. GADKARI, J.]
Respondent-1: The State Of Maharashtra
Petitioner-1: Noman Gulam Haider Shaikh
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 1651 OF 2009 Javed Nihal Ahmad Nihal Ansari ...Petitioner Versus The State of Maharashtra ...Respondent Through jail Mr. Rajesh More, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE : DATE: OCTOBER 5, 2009 P.C. : The Jail Superintendent shall file his affidavit personally by next Monday. List on 12th October, 2009. BILAL NAZKI, J. A.R. JOSHI, J.
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.1651 OF 2009 Javed Nihal Ahmad Nihal Ansari .... Petitioner Vs. The State of Maharashtra .... Respondent Through Jail Shri Rajesh More, APP, for the State. CORAM: BILAL NAZKI & A.R. JOSHI, JJ. DATED: OCTOBER 12, 2009 P.C: It appears that the petitioner was punished when he was lodged in the Thane Jail. Now the petitioner is lodged in Nashik Road Central Prison. Let an affidavit be filed by the Superintendent of the Thane Jail disclosing the details of the work allotted to the petitioner which he allegedly refused to do. S.O. to 9-11-2009. (BILAL NAZKI, J.) (A.R. JOSHI, J.)
Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE 1 CRIMINAL WRIT PETITION NO. 1651 OF 2009 Javed Nihal Ahmad Nihal Ansari .. Petitioner Vs. The State of Maharashtra .. Respondent Mrs. M.M. Deshmukh, APP for State. CORAM: B.H.MARLAPALLE & R.Y. GANOO, JJ. November 09, 2009. P.C. This petition was received through Jail and challenges the order dated 7/1/2008 passed by the Superintendent of Central Prison at Thane, thereby removing the name of the petitioner from the remission register for one year. The petitioner himself has admitted that he was called upon to join the work allotted to him in the Jail premises and he made representation to the effect that he should be given a suitable work in view of his qualifications. He claims that he has passed B.Com. and, therefore, the work allotted to him in the factory was not suitable to him. It is his case that though he was called upon to work in the factory section, he was not informed as to which section and what kind of work he was required to do. Show cause notice was issued to him on 8/11/2007 and he had submitted his reply. On 7/1/2008 the impugned order was passed and the same has been approved by the learned District and Sessions Judge. We have perused the affidavits filed by Smt. Swati Madhav Sathe, Superintendent of Nasik Central Prison, as at present and the affidavit filed by Shri Yogesh Desai, who is presently the Superintendent of Central Prison at Thane and as per the said affidavit the petitioner was allotted work in the factory section on 20/8/2007 and he ought to have reported there. Instead, he did not report to the factory section where there are number of trades i.e. carpentry, power looms, stitching, bakery etc. and this was refused by the petitioner. We do not see any procedural error in passing the impugned order and in any case we are informed that the petitioner is likely to be released towards the end of December, 2009. No case is made out to cause interference in the order passed by the Superintendent, Central Prison at Thane and hence the petition is rejected. This order be communicated to the petitioner in the concerned jail. (R.Y. GANOO,J.) (B.H.MARLAPALLE,J.)
Respondent-1: The State Of Maharashtra
Petitioner-1: Javed Nihal Ahmad Nihal Ansari