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2011 Supreme(Bom) 903

V.K.TAHILRAMANI, M.L.TAHALIYANI
Damji Tingsa Pada – Appellant
Versus
Superintendent, Nagpur Central Prison – Respondent


Advocates appeared:
For the Petitioner:T.H. Udeshi, Advocate.
For the Respondents: T.A. Mirza, A.P.P.

Judgment :-

M.L. Tahaliyani, J.

1. Rule returnable forthwith. Heard by consent.

2. The petitioner has stated that he was apprehended by Gadchiroli Police on 5th August, 2009 and was shown arrested in three cases. During the course of his detention he was acquitted in one of the said three cases and was ordered to be released on bail in second case. As far as third and last case i.e. Crime No.03/2007 of Kasansoor Police Station under Section 302 of the Indian Penal Code is concerned, it is stated by the petitioner that he was tried and the case was fixed for judgment on 28th March, 2011. The petitioner was not physically produced before the Court on that day, nor was he produced through electronic video linkage. However, a police constable had carried his warrant to the Court to get endorsement of the Officer of the Court on the warrant in respect of result of the case or the next date of hearing, as the case may be. The petitioner, however, was not intimated as to what happened on 28th March, 2011. It is on 2nd April, 2011, when his brother had visited him in Prison, that the petitioner came to know that he had been acquitted in Crime No.03/2007 (Sessions Case No.126/2009) on 28th

























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