Disposed

Amresh Kumar Singh S/O Jagjeevan Singh v. State of Maharashtra and Another

Bombay HC9 Apr 2012WP/94/2012

Case brief

AI extract

What is this about?

Petitioner challenged a jail letter stating his release time to claim deemed suspension. Court noted conflicting records and administrative inquiry into overwriting. It disposed of the petition by ordering the original letter to remain in operation pending the final inquiry result.

What did the court decide?

Original letter held to remain in operation pending final enquiry order.

Amresh Kumar Singh S/O Jagjeevan Singh Vs State of… — Service and Employment | Bombay HC (2012)

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wp.94.12

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

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Criminal Writ Petition No.94 of 2012

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(Amresh Kumar Singh S/o. Jagjeevan Singh

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Vs.

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State of Maharashtra and another)

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Office Notes, Office Memoranda of Coram,
Appearances, Courts orders or directions
and Registrar’s orders.

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Court’s or Judge’s orders

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Mr. A.R. Wagh, Advocate for the petitioner. Mr. R.S. Nayak, APP for the respondents.

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CORAM : A.H. JOSHI AND
SMT. SADHANA S. JADHAV, JJ.

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DATE : 9th APRIL, 2012.

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1]The petitioner herein is an employee of
Western Coalfields Limited, serving at Wani
Mines. The petitioner was arrested on 27/04/2011
and was committed to District Prison, Yeotmal.
He was released on bail on 28/04/2011.

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2]As seen from the letter written by Acting
Superintendent of Jail, which is dated
29/04/2011, addressed to Sub-Regional Manager,
Niljai Sub-Region, Wani Region that petitioner
was actually released at 5:00 p.m. on 28/04/2011.

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3]It is seen that another incumbent, who was
Acting Superintendent of Jail, wrote a letter to
Special Judge, Special Court, Pandharkawada
(Kelapur), stating that time of release was 6:00
p.m. as bail order was received between 5:45 p.m.
to 5:50 p.m.

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4]According to petitioner, this would result
in treating his period while in custody as a

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2 wp.94.12

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deemed suspension, if the period of his
confinement exceeds 48 hours. He, therefore,
prays for quashing and setting aside the letter
(Annexure-F) in so far as the period of release
of petitioner, referred to therein, is concerned.

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5]After considering the affidavit, this Court
had noticed that Superintendent of Jail had
admitted that there is overwriting in original
record as regards the actual time of release of
petitioner. This Court had, therefore, called
for the Release Register, maintained by the
District Jail Authority.

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6]Learned APP had produced the Register
concerned. We have perused it. In relation to
four entries, among which the entry pertaining to
petitioner is fourth, the over writing as regards
time is evident.

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7]Learned APP has also informed that the
matter of overwriting has been treated by the
D.I.G., Prisons, as an indiscipline and the
matter is subjected to enquiry.

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8]It is evident that, one officer has already
communicated the time of release to be 5:00 pm.
and on the basis of overwriting, another officer
says that said time is 6:00 p.m. It may be a
rectification or over writing, the fact remains
that it has generated a situation where the fact
of actual time of release has come under debate.

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9]Without going into fact finding as to what
is the exact time of release, fact of confinement
of petitioner in Jail as the enquiry which is

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3 wp.94.12

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pending, we dispose of this petition with an
observation as follows :-

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Till conclusion is reached by the competent
enquiry officer and final order in that regard,
the letter dated 29/04/2011 (Annexure-E) issued
by Acting Superintendent of Jail, Shri D.T.
Daberao, addressed to Sub-Regional Manager,
Niljai Sub-Region, Wani Region of Western
Coalfields Limited shall remain in operation.

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10]With these observations, the writ petition
is disposed of.

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JUDGE

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JUDGE

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*sdw

Amresh Kumar Singh S/O Jagjeevan Singh v. State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Amresh Kumar Singh S/O Jagjeevan Singh v. State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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