sat 1 wp 848-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 848 OF 2011 Mangesh Kashinath Gaikwad @ MG ...Petitioner vs. The State of Maharashtra ...Respondent Mr.Gunratan Sadawarte, Advocate appointed for the Petitioner. Mrs.P.P. Shinde, APP for the State. CORAM : B.H. MARLAPALLE & U.D. SALVI, JJ. JULY 14, 2011 P.C. :- 1 We have heard Mr.Sadawarte, the learned Advocate appointed for the petitioner and Mrs.Shinde, the learned APP for the State. 2 This petition is received from the jail and as per the petitioner, he came to be arrested on 17th February, 2008, in connection with CR No.80/2008. He alleges that as and when he has approached the Court sat 2 wp 848-2011 of Chief Metropolitan Magistrate, Esplanade and the District and Sessions Court at Dindoshi, the police officers accompanying him were threatening him that he would be implicated in a bank robbery case or he would be killed in an encounter. He has given the names of the police officers, who are giving threats to him. He has, therefore, sought directions from this Court to provide him protection. In support of his claim, he has also cited the case of one Mr.Ramesh Upadhyay, who was allegedly killed in a police encounter. 3 Mr.Arun Chavan, Police Inspector, attached to Property Cell, DCB, CID, Mumbai, has filed an affidavit-in-reply. The affidavit states that none of the three officers named by him in the petition have met him personally and therefore, there is no question of giving him threats of the kinds he has alleged. It has been further pointed out that the petitioner knows him as he had arrested the petitioner in 2002 in connection with CR No.402/2002 sat 3 wp 848-2011 registered with the Byculla Police Station. After filing the charge-sheet, the case was registered as Sessions Case No.163/2003 and it resulted into his acquittal. The petitioner was arrested on 17th March, 2008 in LAC No.13/2008 and he is in jail since then. The trial in CC No.764/2008 is pending before the 37th Court of Additional Chief Metropolitan Magistrate, Explanade, Mumbai. In the case arising from CR No. 80/2008, the petitioner has been convicted and sentenced to suffer 10 years RI and fine of Rs. 1500/-, in default, the petitioner to suffer three months of imprisonment. At present, he is undergoing the sentence at Thane Central Prison and against the said order of conviction and sentence, he has filed Criminal Appeal No.713/2010 and the appeal is pending. The affidavit further states that the petitioner has made out a concocted story to invite sympathy of this Court and make grounds for being released on bail. 4 We have considered the arguments advanced sat 4 wp 848-2011 across the bar and perused the affidavits of Mr.Arun Chavan, PI, Mr.Feroze Patel and Praphulla Joshi, ACP. We are satisfied that there is no case made out to entertain this petition for the reliefs prayed for. 5 Hence, the petition is rejected. (U.D. SALVI, J) (B.H. MARLAPALLE, J)