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Bombay High Court

Vishal Ramdas Kharchane vs State Of Maharashtra on 10 July, 2024

Author: Bharati Dangre

Bench: Bharati Dangre

2024:BHC-AS:27589
                                                1/2                    28-Wp-3509-2023.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION
                            CRIMINAL WRIT PETITION NO. 3509 OF 2023

               Vishal Ramdas Kharchane                      ..     Petitioner
                                      Versus
               State Of Maharashtra                         ..     Respondent

                                                      ...

               Ms. Aditi M. Athawale, Appointed Advocate, for the Petitioner.
               Mr. D. J. Haldankar, A.P.P. for the State/Respondent.
                                                      ...

                                        CORAM : BHARATI DANGRE &
                                                MANJUSHA DESHPANDE, JJ.

DATED : 10th JULY, 2024 P.C:-

1. Convict Vishal Kharchane, housed in Arthur Road Jail, Mumbai on 28.07.2023 has addressed a letter to the Registrar, High Court of Bombay, where he state that on being convicted under Section 363 of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act, 2012, he is sentenced to suffer rigorous imprisonment for seven years.

He has requested for his release on parole in the wake of the illness of his father.

Learned A.P.P. on instructions make a statement that the Petitioner did not approach the authorities seeking Chaitanya ::: Uploaded on - 12/07/2024 ::: Downloaded on - 21/07/2024 09:10:46 ::: 2/2 28-Wp-3509-2023.doc parole and instead has addressed a communication to this Court.

When we confronted Ms. Aditi M. Athawale, the counsel appointed to represent the Petitioner through the High Court Legal Services Committee, Mumbai, she submit that she would guide the convict in preferring an appropriate application to the competent authority.

If such an application is made, we direct the authority to decide the same expeditiously within a period of four weeks from its receipt.

Reserving the liberty to the convict to prefer an appropriate application, the Criminal Writ Petition stand disposed off.

2. The above order shall be communicated to the convict through the Superintendent, Arthur Road Jail, Mumbai, and the mobile/telephone number of Advocate Ms. Aditi M. Athawale shall also be furnished to him, so that she can guide him in preferring an appropriate application.

3. We would like to express appreciation for Ms. Aditi M. Athawale, who was appointed through the High Court Legal Services Committee for her able assistance. Let the Legal Services Authority ensure that the legal remuneration payable to her is disbursed within a period of six weeks from today.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) Digitally signed by CHAITANYA CHAITANYA ASHOK ASHOK JADHAV JADHAV Date:

2024.07.12 20:25:37 +0530 Chaitanya ::: Uploaded on - 12/07/2024 ::: Downloaded on - 21/07/2024 09:10:46 :::