1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 713/2011 State of Maharashtra, thr. PSO P.S. Pusad City, Dist. Yavatmal ..vs.. Azhar @ Annu Irfan @ Bhika Fakirwale - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. D. M. Kale, A. P. P. for applicant. CORAM : M.N.GILANI, J. DATE : NOVEMBER 30, 2011. 1. Heard learned A.P.P. for the applicant. 2. Respondent-original accused in Summary Criminal Case No. 916/2000 was chargesheeted for escaping from the custody of the police on 12.05.2000 in between 6 a.m. to 9 a.m. The place of incident is at sub-jail, Pusad. Before the learned Judicial Magistrate First class, two witnesses were examined to prove that the accused was in lawful custody and was placed in the lockup of the City Police Station. On 12.05.2000 at 7.00 a.m. he was carried to sub-jail, which is within the premises of Tahsil office for providing toiled facility to the accused. Taking advantage of the situation, the accused fled away. Exh.-13, First Information Report to that effect was lodged. Relying upon the evidence, the learned Judicial Magistrate First Class convicted the accused under section 224 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for six months. 2 3. Being aggrieved by this order, Criminal Appeal No. 12/2007 was preferred before Sessions Judge, Pusad. It appears that the learned Assistant Sessions Judge probed into the legality and propriety of the arrest of accused before he escaped from the police custody. He proceeded to raise doubts as to whether the accused was found in suspicious condition. In fact, this issue was not at all relevant while deciding the case under Section 224 of the Indian Penal Code. 5. In that light of the matter, arguable points are involved. Therefore, leave as prayed for is granted. 6. Appeal: Admit. Call record and proceedings. 7. Action under section 390 of the Code of Criminal Procedure. JUDGE kahale