- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.686 OF 2010 in CRIMINAL APPEAL NO. 169 OF 2009 Dattatraya Sakharam Khade ... Applicant vs The State of Maharashtra . Respondent Mr.Harshad Bhadbhade for Applicant Mr.A.S.Gadkari APP for Respondent ... CORAM: R.M.SAVANT & MRS.MRIDULA BHATKAR,J (Vacation Court) DATE: 14th May,2010 P.C. 1. By this application, the applicant who is a life convict and is presently incarcerated in Yerwada jail seeks his release and that he should be allowed to attend the general body meeting of the Pune Municipal Corporation on 19.5.2010 in police escort at his cost. 2. The applicant is a sitting Corporator of Municipal Corporation of Pune. The Act Bombay Provincial Municipal Corporation Act, 1949 - 2 - postulates that if a Corporator remains absent for a period of three months he stands disqualified. It is the apprehension of the applicant that if he does not attend the general body meeting which is stated to be held on 19.5.2010 he may incur disqualification in terms of provisions of the Act. The applicant was allowed to attend the general body meeting of the corporation which was held on 18.1.2010 pursuant to the order of the same date passed by a division bench of this court in Criminal Application No.82 of 2010. the above application is therefore allowed in terms of the following directions : ORDER 1) We direct the Yerwada Central Prison authorities to take applicant i.e.Dattatraya Sakharam Khade from Yerwada Central Prison to Pune Municipal Corporation to attend the general body meeting which is to be held on 19.5.2010 at 4 p.m. 2) The applicant to be taken in proper police escort, expenses of which would be borne by the applicant. - 3 - 3) The applicant to be escorted back to Yerwada Central jail immediately after the said meeting is over. 4) The above directions have been issued on the premise that the applicant is entitled to attend the said meeting and does not stand disqualified on account of his conviction. If the applicant is already disqualified, directions issued herein above would not operate. Application is accordingly disposed off. MRS.MRIDULA BHATKAR, J R.M.SAVANT, J - 4 -