Petition seeking transfer of petitioner's imprisoned husband from Nagpur Jail is disposed of as no prior application for transfer was made by the petitioner or the convict.
Petition dismissed with liberty to make an appropriate application under law.
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FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO.32 of 2013.
Misrabee w/o Asgar Sheikh
..vs..
State of Maharashtra and others.
Office Notes, Office Memorandum of Coram appearances, Court's or Judges Order Court's orders or directions & Registrar's orders.
Ms S.Saikhede, Adv. for the petitioner. Mrs. Deshmukh, APP, APP for the State.
CORAM: A.P. LAVANDE AND A.B.CHAUDHARI, JJ. DATED : 5th MARCH, 2013.
By this petition, the petitioner, who is wife of prisoner – Asgar Kadar Shaikh who is presently undergoing sentence at Central Prison, Na gpur, seeks transfer of her husband Asgar Kadar Shaikh from Central Prison Nagpur to Central Prison Thane or Aurangabad on the ground that the petitioner is residing at Santacruz (East) Mumbai.
The husband of the petitioner has been convicted in the Mumbai Bomb Blast case and sentenced to different periods of imprisonment under several sections of the Indian Penal Code, Railway Act and Protection of Public Property Act. The total sentence imposed on the convict is life imprisonment and 52 years of imprisonment.
Mrs. Deshmukh, learned Additional Public Prosecutor for the respondent states that neither the petitioner nor her convict
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husband has made an application for his transfer from Nagpur Jail to any other jail. In view of the above, the petition is disposed of with liberty to the petitioner to make an appropriate application as may be available in law.
The petition is disposed of accordingly.
Fee payable to the learned counsel appointed for the petitioner is quantified at Rs.1000/-.
JUDGE JUDGE.
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Misrabee w/o Asgar Sheikh
State of Maharashtra
A.P. Lavan
A.B. Chaudhari
As recorded by the court registry
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