Partly allowed

Appa Gajabapu Koradkar (C-342) v. the State of Maharashtra and Another

Bombay HC18 Apr 2023WP/410/2023

Case brief

AI extract

What is this about?

In a criminal writ petition, the petitioner sought emergency parole to appear for land acquisition registration formalities. The court noted the reason did not strictly fall under Rule 19 of the Prisons rules but granted limited parole on humanitarian grounds.

What did the court decide?

Parole granted for 09.05.2023 and 10.05.2023 to complete land acquisition formalities; surrender required by 9:00 pm on day of registration.

Appa Gajabapu Koradkar (C-342) Vs the State… — Pension and Retirement Benefits | Bombay HC (2023)

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980.WP.410.23.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.410 OF 2023

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APPA GAJABAPU KORADKAR (C-342)
VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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Advocate for Petitioner : Ms. Sharada P. Chate
APP for Respondents: Mr. S.D. Ghayal

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CORAM: MANGESH S. PATIL &
ABHAY S. WAGHWASE, JJ.

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DATE:18.04.2023

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PER COURT :

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Heard both the sides. The petitioner is seeking emergency

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parole.

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2. The petitioner’s land is being acquired for a public project by resorting to private negotiations and by executing a sale deed. He intends to

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appear before the concerned land acquisition officer and then registered the
sale deed.

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3. Obviously, the reason being quoted will not fall under the Rule

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19 of the Prisons (Bombay Furlough and Parole) Rules, 1959.

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4.However, considering the ground on which he is seeking parole,
according to us he can be released on temporary parole for couple of days,
so that he can complete the formalities.

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5. The learned advocate for the petitioner tenders across the bar a communication received from the Executive Engineer, Kukadi Distribution

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1/2

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980.WP.410.23.odt

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and Construction Division, Kolwadi, Taluka Karjat, District Ahmednagar
dated 13.04.2023 informing him that his land is being acquired and the sale
deed is proposed to be got executed between 08.05.2023 and 12.05.2023.

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6.Contemplating some deliberations and taking into account the
period required for completing the formalities leading to the registration of a
sale deed, we allow the petition partly and grant the petitioner parole for
09.05.2023 and 10.05.2023 subject to appropriate security to be furnished
to the Jail Authority. Irrespective of this period, no sooner the sale deed is
registered the petitioner shall surrender to the Jail Authority on the same
day evening by 9:00 pm. The petitioner shall comply with the regular
formalities of executing bonds etc. as per the regulations of the Jail.

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(ABHAY S. WAGHWASE, J.)

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 (MANGESH S. PATIL, J.)

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habeeb

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Appa Gajabapu Koradkar (C-342) v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Appa Gajabapu Koradkar (C-342) v. the 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

Statutes considered

Parties & counsel

Coram

Case details

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