Namdeo Miraji Sirsat President ... vs Shrikrushna Akaram Thorat
2021 Latest Caselaw 14394 Bom

                                                 1                        MCA502-21.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR
   M.C.A. (REVIEW) NO.502/2021 IN CONTEMPT APPEAL NO.7/2016 IN C.P.
        NO.322/2015 IN W.P. 476/2008 WITH L.P.A. NO.63/2009 (D)
           (NAMDEO MIRAJI SIRSAT VERSUS SHRIKRISHNA ATMARAM THORAT)

Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions              Court's or Judge's order
and Registrar's orders.
        Shri A. De, counsel for the applicant.

        CORAM : A. S. CHANDURKAR AND G.A. SANAP, JJ.

DATED : 04TH OCTOBER, 2021.

Heard Shri A.De, learned counsel for the applicant and perused the grounds raised in the review application.

It is submitted on behalf of the applicant that in view of provisions of Section 12(3) of the Contempt of Courts Act, 1971, this Court while maintaining the order passed by the learned Single Judge in the contempt petition ought to consider whether detaining the applicant in civil prison instead of sentencing him to simple imprisonment would meet the ends of justice.

We find that this contention was not raised by the applicant when the contempt appeal was argued. However considering the fact that the applicant is aged about 86 years we are inclined to consider this aspect in exercise of review jurisdiction.

Issue notice to the non-applicant returnable on 11.10.2021. Hamdast granted.

It is clarified that the ground raised in view of provisions of Section 12(3) of the Act of 1971 is the limited ground on which notice is issued on the review application.

C.A.O. NO.612/2021.

Issue notice to the non-applicant returnable on 11.10.2021. In the review application in the light of provisions of Section 12(3) of the Contempt of Courts Act, 1971, notice has been issued to consider whether detention in civil prison instead of sentencing the applicant to simple imprisonment would meet the ends of justice.

2 MCA502-21.odt

It is submitted that on 28.09.2021 the applicant has been put under arrest and is presenting undergoing medical check-up. Considering the age of the applicant, we direct that in case he is found to be medically fit he be detained in civil prison until further orders instead of sentencing him to undergo simple imprisonment as per the judgment dated 27.08.2021.

Hamdast granted.

The expenses towards detention in civil prison shall for the present be made by the applicant.

This order be communicated by the Registrar (Judicial) to the Inspector In-charge, Civil Lines Police Station, Akola telephonically and through E-mail.

                (G.A. SANAP, J.)                 (A. S. CHANDURKAR, J.)
APTE