Cr.Appln./4527/2011 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4527 OF 2011 IN CRIMINAL APPEAL NO.241 OF 2011 SHESHRAO VISHWANATH NIKAM VERSUS STATE OF MAHARASHTRA ... Shri S.S.Kingaonkar, Advocate h/f Shri N.S.Ghanekar, Advocate for applicant and Shri N.R.Shaikh, APP for respondent. ... CORAM : A.H.JOSHI & A.R.JOSHI, JJ. Dated : October 19, 2011 PER COURT :- 1. Heard rival submissions on this application, preferred by the brother of the original appellant No.2 - Rohini Jadhav. Present applicant Sheshrao Nikam is asking for the custody of the minor child of Rohan Jadhav and Rohini Jadhav. The child, aged about five years, is presently lodged at Yerwada Women's Prison, as his mother - appellant No.2 Rohini Jadhav - is presently undergoing the life imprisonment for the offence of murder. 2. Admittedly, both the parents of the child are in jail undergoing life imprisonment for the offence of murder and the child being of tender age is lodged with Cr.Appln./4527/2011 2 his mother - appellant No.2 and presently staying at Women's Cell of Yerawada Prison. 3. Affidavit is filed by the applicant, maternal uncle of the child, mentioning the reasons for custody of the child. He had stated on oath that he wants the custody of the child for the paramount interest of the child, as to his education and maintenance. In the affidavit, the applicant had disclosed that he is married and having six acres of agricultural land at village Chikatgaon, Taluka Vaijapur, District Aurangabad and he is issueless. On asking by us, in the Court today, he had mentioned that his wife is also willing to accept the child, maintain him and to look after the child with care. The applicant further stated that this mother is also staying with him and she can also take case of the child, which is her own grand-son. 4. Considering the above specific circumstances and considering the paramount interest of the child and further considering the over all development, so far, health, hygiene and education of the child, it would be in the fitness of the situation that the child is Cr.Appln./4527/2011 3 required to be given in custody of the applicant, he being maternal uncle of the child. Such custody would be more beneficial to the child as against the stay of the child in Yerawada Prison in the Women's Cell. 5. In the result:- (A) The application is allowed. (B) The applicant is directed to furnish an undertaking before this Court as to the proper maintenance of the child so far as his health, hygiene, education and general upbringing is concerned. (C) On so furnishing the undertaking to this Court, the Superintendent, Central Prison, Yerawada, Pune is directed to hand over the custody of the child to the present applicant. (A.R.JOSHI,J.) (A.H.JOSHI,J.) ... akl