1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.2091 OF 2005 CRIMINAL WRIT PETITION NO.2091 OF 2005 CRIMINAL WRIT PETITION NO.2091 OF 2005 Firoz Ismail Shaikh ...Petitioner Firoz Ismail Shaikh ...Petitioner Firoz Ismail Shaikh ...Petitioner Vs. Vs. Vs. The State of Maharashtra ...Respondent The State of Maharashtra ...Respondent The State of Maharashtra ...Respondent ----- ----- ----- Dr.F.R.Shaikh, A.P.P. for the State. Dr.F.R.Shaikh, A.P.P. for the State. Dr.F.R.Shaikh, A.P.P. for the State. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 1ST MARCH, 2006 DATED: 1ST MARCH, 2006 DATED: 1ST MARCH, 2006 P.C. P.C. P.C. 1. Dr. Shaikh, the learned A.P.P. states that 1. Dr. Shaikh, the learned A.P.P. states that 1. Dr. Shaikh, the learned A.P.P. states that he has received a written communication from the he has received a written communication from the he has received a written communication from the Superintendent, Nashik Road Central Prison. It Superintendent, Nashik Road Central Prison. It Superintendent, Nashik Road Central Prison. It appears from the same that the application dated 28th appears from the same that the application dated 28th appears from the same that the application dated 28th September 2004 submitted by the Petitioner was September 2004 submitted by the Petitioner was September 2004 submitted by the Petitioner was processed as per rules and on 22nd September 2005 a processed as per rules and on 22nd September 2005 a processed as per rules and on 22nd September 2005 a report came to be submitted by the Assistant Police report came to be submitted by the Assistant Police report came to be submitted by the Assistant Police Commissioner, Devnar Division stating that the Commissioner, Devnar Division stating that the Commissioner, Devnar Division stating that the Petitioner’s sister was not ready to stand surety for Petitioner’s sister was not ready to stand surety for Petitioner’s sister was not ready to stand surety for the Petitioner. The Petitioner has no other family the Petitioner. The Petitioner has no other family the Petitioner. The Petitioner has no other family members as he is unmarried. Under these circumstances members as he is unmarried. Under these circumstances members as he is unmarried. Under these circumstances an adverse report came to be submitted to the DIG, an adverse report came to be submitted to the DIG, an adverse report came to be submitted to the DIG, Prisons, Aurangabad Region who in turn vide his letter Prisons, Aurangabad Region who in turn vide his letter Prisons, Aurangabad Region who in turn vide his letter dated 13th September 2005 has ordered for fresh dated 13th September 2005 has ordered for fresh dated 13th September 2005 has ordered for fresh enquiry. enquiry. enquiry. 2. We therefore, direct the DIG, Prisons 2. We therefore, direct the DIG, Prisons 2. We therefore, direct the DIG, Prisons Aurangabad Region to decide the Petitioner’s Aurangabad Region to decide the Petitioner’s Aurangabad Region to decide the Petitioner’s application afresh as expeditiously as possible and application afresh as expeditiously as possible and application afresh as expeditiously as possible and 2 strictly as per the rules by 30th April 2006. strictly as per the rules by 30th April 2006. strictly as per the rules by 30th April 2006. 3. The Petition is disposed of in terms of the 3. The Petition is disposed of in terms of the 3. The Petition is disposed of in terms of the above directions. above directions. above directions. . Copy of this order to be forwarded to the . Copy of this order to be forwarded to the . Copy of this order to be forwarded to the Petitioner by the Registry forthwith. Petitioner by the Registry forthwith. Petitioner by the Registry forthwith. (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.)