Ganpat Irappa Potfale vs The State Of Maharashtra And ...
2022 Latest Caselaw 1331 Bom

                                       (1)
                                                        40 criwp-1493.2021.odt

        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

            40 CRIMINAL WRIT PETITION NO.1493 OF 2021

                     GANPAT IRAPPA POTFALE
                            VERSUS
             THE STATE OF MAHARASHTRA AND OTHERS
                                        ...
             Mr. R.D. Biradar, Advocate for the petitioner.
            Smt. D.S. Jape, A.P.P. for respondent Nos.1 to 4.
                                    ...

                           CORAM : V.K. JADHAV AND
                                   SANDIPKUMAR C. MORE, JJ.

                           DATE   :   08-02-2022.


 ORDER :

1. We have heard learned Counsel for the petitioner.

The petitioner is the real brother of deceased for whose

murder respondent Nos.5 to 8 came to be convicted and

sentenced to suffer imprisonment for life by the Sessions

Court. Learned Counsel for the petitioner submits that

respondent Nos.5 to 8 though preferred appeal against the

said judgment and order of conviction, however, they are not

released on bail by this Court. Learned Counsel for the

petitioner submits that, however, under the orders of this

Court (Coram : T.V. Nalawade and M.G. Sewlikar, JJ.) dated

11.01.2021 in the group of matters and particularly the Writ

Petition No. 1673 of 2020 preferred by respondent Nos.6 and

40 criwp-1493.2021.odt

8 herein, they have been granted emergency parole in terms

of Government Notifcation dated 08.05.2020. Learned

Counsel submits that since then the respondent Nos.6 and 8

and also the other accused persons are on emergency parole.

Learned Counsel for the petitioner submits that respondent

No.6 Balaji and respondent No. 8 Shivhar have committed

serious offences during the parole period and accordingly

Crime No. 177/2021 came to be registered against them in

the Police Station, Sonkhed, District Nanded for the offences

punishable under Sections 307, 326, 324, 143, 147, 148, 149,

504 and 506 of the Indian Penal Code in respect of the

incident allegedly occurred on 19.10.2021. Learned Counsel

for the petitioner, on instructions, submits that those persons

are still on emergency parole and continuously giving threats

to the petitioner.

2. In view of the above submission, issue notice to

the respondents returnable on 01.03.2022. Learned A.P.P.

waives notice for respondent Nos. 1 to 4.

(SANDIPKUMAR C. MORE, J.) (V.K. JADHAV, J.)

VD_Dhirde