Bombay High Court
Gopal Bajirao Ankushrao vs The State Of Maharashtra on 8 December, 2020
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
Digitally
signed by
Shagufta Shagufta Q.
Pathan
Q. Date: 32-appln-st-3802-2020.doc
Pathan 2020.12.10
14:26:10
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (STAMP) NO. 3802 OF 2020
Gopal Bajirao Ankushrao ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Piyush Toshnival for the Applicant
A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
TUESDAY, 8th DECEMBER 2020 P.C. :
1 Heard learned counsel for the applicant and the learned A.P.P for the respondent-State.
2 By this application, the applicant has sought the following substantive relief :
"i. That this Hon'ble Court may kindly set-aside/quash the order dated 03/10/2020 vide Exh.88 in Special MCOCA Case NO. 1/2020 passed by the Ld. Additional Sessions Judge, Pandharpur and the Respondent may be directed to transfer the Applicant from Yerwada Central Prison to either of prison i.e. Mangalvedha/Solapur/ Kolhapur Prison."SQ Pathan 1/5
32-appln-st-3802-2020.doc 3 The applicant is facing trial in connection with C.R. No. 244 of 2018 registered with the Pandharpur City Police Station, Solapur, for the alleged offences punishable under Sections 302, 303, 120B, 201, 143, 147, 148, 149 of the Indian Penal Code; under Sections 3, 4, 25, 5, 27 of the Arms Act; under Section 135 of the Maharashtra Police Act and under Sections 3(1)(i), 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crimes Act (`MCOCA').
4 It appears that the applicant's case is presently pending in the Court of the learned Special Judge at Pandharpur.
5 According to the learned counsel, applicant's mother, a senior citizen aged 65 years is suffering from several ailments and it is extremely difficult for her to meet the applicant, considering the fact that the applicant is lodged at Yerwada Central Prison, Pune. He submits that all the accused in the said case are lodged at the Solapur Prison. He submits that if the applicant is transferred to Solapur Prison, it would be easier for him to interact with his advocate and family members. He submits that it is necessary, considering the serious allegations levelled against the applicant that the applicant meets his advocate, for instructions. According to the learned counsel, the learned Special Judge at Pandharpur erred in rejecting SQ Pathan 2/5 32-appln-st-3802-2020.doc the applicant's application seeking transfer of the applicant from Yerwada Central Prison to Solapur Jail/Mangalvedha sub-jail. 6 Learned counsel for the applicant has tendered a letter application written by the jail authorities of Yerwada Central Prison, Pune, to the learned Special Judge, Shivaji Nagar, giving their no objection for shifting the applicant to Kolhapur Prison. It is also mentioned in the said letter that his mother is the only family member and that the applicant's mother and sister can meet him if he is lodged in Kolhapur Prison, since the applicant's sister resides in Kolhapur, where the applicant's mother can reside. The said letter application is taken on record and marked `X' for identification.
7 Learned A.P.P does not dispute the fact that the applicant's mother is unwell. She, however, states that the applicant cannot be sent to Pandharpur Prison, as he is likely to indulge in illegal and unlawful activities, even through jail.
8 It is not in dispute that the applicant has filed an application before the learned Special Judge of Pandharpur seeking his transfer from Yerwada Central Prison to Solapur Prison. It is also not in dispute that the SQ Pathan 3/5 32-appln-st-3802-2020.doc applicant is also suffering from certain ailments like T.B., thyroid, Spine, Spondylosis, lumber pain, etc. It is also not in dispute that the applicant's mother is unwell. Admittedly, the case of the applicant is pending before the learned Special Judge at Pandharpur. It is also not in dispute that all the accused in the said case are lodged at Solapur Prison. The applicant is entitled to meet his lawyer in connection with the said case and to take instructions. Medical facilities are also available at Solapur Prison, in case the applicant requires the same.
9 Learned A.P.P primarily has an objection to transfer the applicant to Pandharpur Prison. The distance between Pandharpur and Solapur is about 60 kms. As noted above, all the other accused are lodged at Solapur. Infact, it would be easier for the police to produce all the accused from Prison before the learned Special Judge, Pandharpur as and when directed. It would be, on the contrary, an additional financial burden every time the accused is required to be produced at Pandharpur from Pune. Considering the aforesaid, it would be appropriate to transfer the applicant to Solapur Prison from Yerwada Central Prison.
10 The application is accordingly allowed and disposed of on the aforesaid terms. The concerned authorities to implement this order within SQ Pathan 4/5 32-appln-st-3802-2020.doc two weeks from today.
11 Learned A.P.P to communicate the order to the jail authorities. 12 All concerned to act on the copy of this order, digitally signed by the Senior Private Secretary of this Court.
REVATI MOHITE DERE, J.
SQ Pathan 5/5