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2013 Supreme(Bom) 1233

NARESH H.PATIL, A.I.S.CHEEMA
Kewalbai W/o Madhavrao Ghorband – Appellant
Versus
State of Maharashtra Through, Secretary of Home Department – Respondent


Advocates Appeared:
For the Petitioner:Smt. M.R. Jamdhade, Advocate.
For the Respondents: Smt. A.V. Gondhalekar, A.P.P.

Judgment :-

A.I.S. Cheema, J.

1. Rule. Rule made returnable forthwith.

2. Present Writ Petition has been filed by Kewalbai W/o Madhavrao Ghorband, the mother of one Sandeep, who met with custodial death, for compensation of Rs.10,00,000/-.

3. The petitioner claims that:-

(a) Petitioner’s son was in custody and lodged in Sub Jail, Kandhar, Dist. Nanded. Superintendent of Sub Jail, Kandhar (Respondent No.4) is under supervisory authority of Superintendent of Central Jail, Nanded (Respondent No. 3). At the Sub Jail, Kandhar one constable Pandit Manikrao Marwade by his Service Rifle of 303, in the night of 02.02.2011 shot her son Sandeep. Petitioner was having two sons and one daughter. Her husband died long back. (Deceased) Sandeep was the earning member of the family. He was arrested in 2011 for some charges by the Local Police and thus, he was sent in custody to Respondent No.4. Petitioner was informed on 03.02.2011 that her son was shot by on duty constable Pandit Manikrao Marwade in the Jail lockup and that, he had died on the spot. There were various other inmates in the lockup. Police constable Pandit at about 11.30 p.m. to 12.00 midnight opened the lockup and shot Sandeep and




























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