The High Court of Bombay dismissed a criminal writ petition and related application in limine, holding that an applicant released on parole who had absconded was an appropriate person to whom the petition would not be entertained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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47-APPW-129-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4478 OF 2018
WITH
CRIMINAL APPLICATION (APPW) NO. 129 OF 2019
Akbarkhan Ajmer Khan… Petitioner/Applicant
V/s.
The State of Maharashtra… Respondent
None for Petitioner/Applicant.
Mr.S.S. Hulke, A.P.P. for Respondent-State.
CORAM : A.S. GADKARI AND MILIND N. JADHAV, JJ.
DATE : 26th September 2022.
P.C. :
1.By the present Petition received through jail, the Petitioner has
prayed for his late surrender to the Jail by 15 days may be condoned and it be
treat as an extension of parole leave.
2.Learned A.P.P. on instructions submitted that, the Petitioner was
released on Covid-19 parole on 15th May 2020 on the ground of Covid-19
pandemic. However the Petitioner did not return to jail till today and
therefore a Crime No.295 of 2022 under Section 224 of I.P.C. have been
registered at Ambad Police Station, Nashik.
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Osk 47-APPW-129-2019.odt
3. In view of the fact that, the Petitioner was subsequently released
on parole and is absconding, we did not think it appropriate to entertain the
Petition and is accordingly dismissed in limine.
4.In view of disposal of Petition, Criminal Application (APPW) No.
129 of 2019 does not survive and is accordingly disposed off.
[MILIND N. JADHAV, J.]
[A.S. GADKARI, J.]
Digitally signed by OMKAR SHIVAHAR OMKAR KUMBHAKARN SHIVAHAR KUMBHAKARN Date: 2022.10.01 11:05:56 +0530
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Akbarkhan Ajmer Khan
The State of Maharashtra
A.S. Gadkari
Milind N. Jadhav
As recorded by the court registry
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