This is a writ petition filed by a life convict complaining of non-production. The Court found the petitioner had been released from jail on 1st June, 2019, rendering the grievance about non-production infructuous and disposing of the petition.
None; petition dismissed as infructuous due to petitioner's release.
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19-WP1378-08&APPLN301-14.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1378 OF 2019 WITH CRI APPLICATION NO. 301 OF 2014
Manik Anant Patil
...Petitioner/ Applicant
Versus
State of Maharashtra & ors. …Respondents
None for the Petitioner/Applicant. Mr. A. D. Kamkhedkar, APP for the State/Respondent.
CORAM: RANJIT MORE & N. J. JAMADAR, JJ DATED: 19th AUGUST, 2019
PC:-
1. The petition is filed by the petitioner through the Central Jail, Yerwada, Pune, making grievance about not providing escorting police guard on regular basis and not producing the petitioner before the Court on the fixed date.
2. The petition is filed in the year 2008 making a grievance that the petitioner is not being produced before the Court on the dates fixed, on the ground of non-availability of escort, the petitioner has filed Criminal Application No.301 of 2014, for expeditious hearing of the said petition.
3. Mr. Kamkhedkar, the learned APP placed on record the
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19-WP1378-08&APPLN301-14.DOC
report of the Superintendent, Central Jail, Yerwada, Pune, dated 4th July, 2019. The report shows that the petitioner was convicted for life in TADA Special Case No.34 of 1993 for the offences punishable under Section 302 read with Sections 120-B and 149 of Indian Penal Code and Section 3(3) of TADA Act, by order dated 25th January, 2000. The report also shows that the petitioner has undergone the entire sentence of 28 years and he has been released from the Central Jail, Yerwada, Pune, on 1st June, 2019. The report is taken on record and marked 'X' for identification.
4. In the light of this report, the grievance of the petitioner
no more survives and the petition has become infructuous.
5. The petition stands disposed of having been rendered infructuous.
6. In view of disposal of the petition, the application does not survive and stands disposed of accordingly.
[N. J. JAMADAR, J.] [RANJIT MORE, J.]
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1 issue framed by the court
Whether the writ petition challenging non-production of life convict before the court survives given the convict's release.
Manik Anant Patil
State of Maharashtra
Ranjit More
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
