Javed @ Java Noor Mohd. Sheikh vs Deputy Inspector General Prison ...
2021 Latest Caselaw 2235 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH AT NAGPUR

                        CRIMINAL WRIT PETITION NO. 11/2021

     PETITIONER :                Javed @ Java Noor Mohd. Sheikh, aged
                                 about 39 years, R/o. Room No.2, Ground
                                 Floor, Falak Hights behind Shiv Shena Shakha,
                                 Opp. Shankar Mandir, Norottam Nagar,
                                 Compound Mubra, Distt. Thane-400612
                                 (C-5221 - Presently at Central Prison,
                                  Amravati)

                                             ...VERSUS...

     RESPONDENTS:              1. Deputy Inspector General of Prison
                                  East, Nagpur.

                               2. The Superintendent of Central Prison,
                                    Amravati,
     ----------------------------------------------------------------------------------------------
                       Shri S.D.Chande, Advocate for petitioner
                       Ms Nandita Dubey, APP for respondent nos.1 and 2
     ----------------------------------------------------------------------------------------------
                                             CORAM : SUNIL B. SHUKRE AND
                                                             AVINASH G. GHAROTE, JJ.

DATE : 03/02/2021.

ORAL JUDGMENT (PER : SUNIL B. SHUKRE, J.)

.1] Rule. Rule made returnable forthwith. Heard finally by

consent of the learned Counsel for the parties.

2] Now, the petitioner has given the new address of the

surety namely Moiz Aziz Shaikh, R/o. Room No.2, Ground Floor,

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Falak Heights, Behind Shiv Shena Shakha, Opposite Shankar Mandir,

Narottam Nagar, Compound Mumbra, Ditrict Thane - 400612. The

authorities can verify this address and satisfy themselves regarding

the competency or otherwise of the proposed surety. Therefore, this

matter requires fresh consideration by the authority.

3] Accordingly, the impugned order is hereby quashed and

set aside and the matter is sent back to the respondents for fresh

consideration in accordance with law.

4] Rule is made absolute in these terms. No costs.

                       JUDGE                                       JUDGE


     Rvjalit