Dismissed

Mukesh Waman Bansod, Convict No C 5939 v. the State of Mah. Thr. Secretary, Home Department and Another

Bombay HC21 Aug 2012WP/127/2012

Case brief

AI extract

What is this about?

The High Court dismissed a criminal writ petition challenging the petitioner's detention on grounds of minority status. Relying on the Chief Judicial Magistrate's report that the petitioner failed to prove minority status at the time of the offence, the Court refused to interfere but granted liberty to file a fresh challenge to the CJM findings based on the Juvenile Justice Act, 2000.

What did the court decide?

Petition dismissed with liberty to file a fresh petition challenging the CJM findings regarding minority status.

Mukesh Waman Bansod, Convict No C 5939… — Constitutional and Fundamental Rights | Bombay HC (2012)

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21.08.wp.127.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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CRIMINAL WRIT PETITION NO. 127 / 2012

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(Mukesh Waman Bansod vs. The State of Maharashtra and another )

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.................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders

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..................................................................................................................................................................... Mr.R.R.Prajapati, Adv.(appointed) for petitioner Mr T.A.Mirza, APP for respondent-State

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CORAM : P.V.HARDAS &

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M.L.TAHALIYANI, JJ. DATED : 21^st August, 2012.

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The communication of the petitioner has been registered as Criminal Writ Petition. When this Petition was listed before us for admission, this Court had appointed Mr. R.R.Prajapati, learned counsel to represent the petitioner. By an order dated 12^th April 2012, this Court had directed that the petitioner be produced before the Chief Judicial Magistrate, Nagpur on 11^th June, 2012 and on all further dates as may be directed by the CJM Nagpur. This Court further directed the CJM, Nagpur to decide the question of the date of birth of the petitioner and to forward the report to this Court.

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Grievance of the petitioner in this petition is that he was a minor at the time of commission of the offence and consequently his detention in prison is unwarranted. The Inquiry Report submitted by the CJM, Nagpur dated 2.8.2012 clearly indicates that the petitioner had failed to produce any authentic documents in respect of his date of

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21.08.wp.127.12

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birth, on the date of commission of the offence. In other words, the CJM, Nagpur in his aforesaid report has concluded that the petitioner was not a minor on the date when the offence was alleged to be committed by the petitioner. In the light of the report of the CJM Nagpur, we are not inclined to interfere in this petition. However, the learned counsel for the petitioner urged liberty to file a petition afresh for challenging the findings recorded by the CJM, Nagpur, as the same are contrary to the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000.

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We dismiss this petition with liberty as prayed for, with no order as to costs.

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Fees payable to Shri R R Prajapati, learned counsel appointed for the petitioner are quantified at Rs.1500/( Rupees fifteen hundred).

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JUDGE

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JUDGE

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sahare

Mukesh Waman Bansod, Convict No C 5939 v. the State of Mah. Thr. Secretary, Home Department and Another

Case brief

What is this about?

What did the court decide?

Mukesh Waman Bansod, Convict No C 5939 v. the State of Mah. Thr. Secretary, Home Department and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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