1 appa.1395.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1395 OF 2010 IN CRIMINAL APPEAL NO.169 OF 2009 Dattatray Sakharam Khade ...Applicant Versus State of Mahrashtra ...Respondent ...... Mr.Harshad Bhadbhade with Mr.Anwar Landge for Applicant. Mr.D.P.Adsule, A.P.P. for Respondent/State. ...... CORAM:- A.M.KHANWILKAR AND A.P.BHANGALE, JJ. DATED:- NOVEMBER 18, 2010. P.C. 1. Not on Board. Upon mentioning taken on Board. 2. We were informed that the matter was first moved before another Bench and after realilsing that it should be moved before this Bench, matter was mentioned before us after the lunch break today. In view of the urgency pointed out across the Bar, we allowed the Applicant to get the proceedings produced after giving prior notice to the Public Prosecutor. Accordingly, notice has been given to the Public Prosecutor. Mr.Adsule, learned A.P.P. appears for the State. 2 appa.1395.10.sxw 3. By this Application, it is prayed that the jail authorities of Yerwada Central Prison, Pune be directed to take the Applicant to the Office of Pune Municipal Corporation so that he can participate in the General Body Meeting of Pune Municipal Corporation which is scheduled to be held on 19th November 2010. It is further prayed that the Applicant should be taken to the Office of the Pune Municipal Corporation in police escort in civil dress. 4. Our attention has been invited to four orders passed on similar applications in the past by this Court. 5. It is not in dispute that the Applicant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and is undergoing life sentence in Yerwada Central Prison, Pune. It is also not in dispute that the Appeal against the conviction filed by the Applicant being Criminal Appeal No.251 of 2009 has been admitted. In the said Appeal, application for releasing the Applicant on bail was moved which, however, has been rejected on merits. As a consequence of rejection of bail application, since the Applicant was required to undergo the sentence 3 appa.1395.10.sxw awarded by the Trial Court and has been incarcerated in Yerwada Central Prison, Pune, he has been moving applications from time to time praying for similar directions in the past. 6. Ordinarily, we would have proceeded to pass same order as has been passed on earlier four occasions. But, considering the fact that the Applicant is a public representative and elected Corporator, we think it appropriate that the issue regarding disqualification incurred by the Applicant or otherwise should be decided on its own merits in accordance with law expeditiously. 7. It is fairly accepted by the Counsel for the Applicant that reference regarding Applicant having incurred disqualification or not, is already forwarded to the concerned Judge at Pune which is pending decision. In the circumstances, for the reasons recorded in the earlier four orders which are alluded to in the Application, we pass the following order: (A) The Superintendent, Yerwada Central Prison, Pune shall take the Applicant Dattatray Sakharam Khade from Yerwada Central Prison, Pune to the Office of Pune Municipal 4 appa.1395.10.sxw Corporation to attend the General Body Meeting which is to be held on 19th November 2010 at 4.00 p.m. in proper police escort. The police escort should be in civil clothes. The expenses of the police escort shall be entirely borne by the Applicant. As soon as the meeting is over, the Applicant shall be immediately taken back to Yerwada Central Prison, Pune. (B) It is made clear that the concerned Judge at Pune before whom the disqualification proceedings are pending shall decide the said proceedings on its own merits, uninfluenced by the fact that the Applicant has been allowed to attend the General Body Meeting to be held tomorrow in terms of this order. (C) We also make it clear that this order does not mean that we have taken any view of the matter with regard to the fact whether the Applicant has already incurred disqualification or otherwise. But have permitted the Applicant to attend the meeting because he has received notice in that behalf from the Office of the Municipal Corporation. If the Applicant has already incurred disqualification, the fact that the Applicant is taken to the Office 5 appa.1395.10.sxw of the Municipal Corporation under police escort will not give any right to the Applicant to participate in the proceedings of the General Body Meeting of the Corporation. That issue is kept open to be decided by the Appropriate Authority, if and when occasion arises. (D) The concerned Judge shall, however, dispose of the pending proceedings not later than six weeks from 22nd November 2010. The Applicant through Counsel undertakes to extend full cooperation to the learned Judge for early disposal of the said proceedings. The Applicant assures to appear before the concerned Judge before whom disqualification proceedings are pending on 22nd November 2010 at 11.00 a.m. and bring this order to the notice of the said Court. The concerned Judge shall submit compliance report in this behalf to this Court within eight weeks from today. (E) The copy of this order be forwarded to the Commissioner, who in turn shall ensure that copy of this order is placed before the concerned Judge on 22nd November 2010. 6 appa.1395.10.sxw (F) The concerned Judge at Pune shall ensure that fair opportunity is given to the Applicant but final decision is rendered within the specified time. Counsel for the Applicant on instructions states that the Applicant has received summons from the concerned Judge to appear on 30th November 2010. The date mentioned in the said summons is waived by the Applicant through his Counsel before the Court and instead, the Applicant agrees to appear before the concerned Judge through Counsel or his Power of Attorney/Agent on 22nd November 2010 and comply with the directions as may be given by the concerned Judge within the time frame specified by the Judge. 8. Application disposed of on the above terms. 9. All concerned to act on an ordinary copy of this order, duly authenticated by the Office. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.) 7 appa.1395.10.sxw