1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.784 OF 2009 IN CRIMINAL APPEAL NO.169 OF 2009 Dattatray Sakharam Khade .. Applicant V/s State of Maharashtra .. Respondent Mr.Harshad Bhadbhade for the applicant. Ms.P.H.Kantharia, APP for the State. CORAM: RANJANA DESAI AND R.G.KETKAR, JJ. DATE : 16TH JULY, 2009 P.C.: 1. The petitioner is a life convict. He was sentenced for the offence punishable u/s.302 of the IPC in Sessions Case No.171 of 2004 by the judgment and order dated 30.1.2009 passed by the Sessions Judge, Pune. He is undergoing life imprisonment at the Yerwada Central Prison. The petitioner had applied for temporary bail because he had to undergo MRI examination. By order dated 8.7.2009 we directed the Superintendent of Yerwada Central Prison to take the applicant to Poona Hospital for the purposes of MRI. MRI was to be done on 16.7.2009 and the applicant was permitted 2 to remain in Poona Hospital till 17.7.2009. On 18.7.2009 the applicant was to be brought back to Yerwada Central Prison. 2. Learned counsel for the applicant states that the applicant is a Corporator of Pune Municipal Corporation, and since the General Body meeting of the Pune Municipal Corporation is to take place on 17.7.2009 at 4.00 p.m., the applicant may be permitted to attend the said meeting because as per the relevant rules if the applicant does not attend the General Body meeting atleast once in every three months he may be disqualified from holding the office of Corporator. 3. In view of the fact that the applicant may be disqualified from holding the office of Corporator if he does not attend the General Body Meeting which is scheduled to be held on 17.7.2009, we direct the police to take the applicant to the Pune Municipal Corporation to attend the said meeting on 17.7.2009 under adequate police escort. As we have already clarified in our earlier order, the expenses of the police escort will be borne by the applicant. Needless to say that as per our earlier order the applicant will have to be taken back to the Yerwada Central Prison on 18.7.2009. 4. Learned counsel for the applicant has informed us that as per the rules, if the applicant does not attend the General Body Meeting atleast once in every three months, he may be disqualified from 3 holding the office of the Corporator. Implicit in this is that after every three months the applicant will make an application praying that he may be taken to Pune Municipal Corporation to attend the meeting. Undoubtedly, whether to grant him such a permission or not is a discretion of this court, and on some occasion it is possible that this court may even deny the permission. However, we would like learned APP to find out whether under the rules a person like the applicant can be exempted from attending the meeting of the corporation and whether the non-attendance of the applicant due to the fact that he is undergoing imprisonment can constitute a sufficient cause for not incurring disqualification. In case any further application is made in future, learned APP may have to address the court on the above issue. 5. Application is disposed of. (SMT.RANJANA DESAI, J.) (R.G.KETKAR, J.)