Partly allowed

Maroti Shankar Mangam (in Jail) v. D.I.G. Prison (East) Central Jail Nagpur and Another

Bombay HC21 Dec 2016WP/738/2016

Case brief

AI extract

What is this about?

In a criminal writ petition, the Bombay High Court Nagpur Bench observed that the petitioner was denied an opportunity of hearing. The court directed authorities to consider a belated medical certificate, past conduct, and pass fresh orders within three months.

What did the court decide?

Directed authorities to consider original medical certificate and past conduct and pass fresh orders within three months.

Maroti Shankar Mangam (in Jail) Vs… — Constitutional and Fundamental Rights | Bombay HC (2016)

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1 wp738.16

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

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CRIMINAL WRIT PETITION NO. 738 OF 2016

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(MAROTI SHANKAR MANGAM..VS. STATE OF MAH. THR. DIG PRISON (E) & ANR.)

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

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Shri G.L. Agrawal, Advocate (appointed) for Petitioner. Shri M.J.Khan, A.P.P. for Respondents.

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CORAM : B.P.DHARMADHIKARI AND KUM. INDIRA JAIN, JJ.

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DATED : DECEMBER 21, 2016.

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Heard for some time.

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The petitioner claims that on 17/10/2014 he was not given opportunity of hearing. The impugned order states that he had appeared on 17/10/2014 but could not give any reason. Doctor's Certificate showing that the petitioner was unwell after 01/04/2014 (photocopy is annexed with the petition as Annexure-C) is undated. It is obvious that no such certificate was pressed into service before competent authority after service of show cause notice dated 21/04/2014.

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In the impugned order maximum punishment for remission cut i.e. of 5 days for each day of belated reporting has been imposed. Previous record of the applicant is not pointed out. The present proceedings are filed after obtaining assistance from Legal Aid.

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2 wp738.16

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In this situation, we direct the authorities to consider the Certificate of the Doctor if its original is made available by the petitioner to them and as also his past conduct and to pass fresh orders within three months of communication of this order to them.

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The writ petition is partly allowed and disposed of.

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Charges of the appointed counsel are fixed at

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Rs.1,500/-

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JUDGE JUDGE

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RRaut..

Maroti Shankar Mangam (in Jail) v. D.I.G. Prison (East) Central Jail Nagpur and Another

Case brief

What is this about?

What did the court decide?

Maroti Shankar Mangam (in Jail) v. D.I.G. Prison (East) Central Jail Nagpur 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

Case details

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