PRIYANKA YOGESH RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) Present petition is filed for the relief of giving direction to the respondents to pay compensation of Rs. 50 lakh to the petitioner in respect of the death of Yogesh Rathod, who died due to injuries sustained by him in jail.

(3.) The proceeding is filed by the widow of the deceased. It is her contention that in respect of the construction of the house which the family of the deceased was making, there was dispute with the neighbour and out of that dispute, report was given against the deceased and criminal case bearing R.C.C. No. 1714/2015 was filed against the deceased in the Court of Judicial Magis364 Bom.C.R.(Cri.) 365Priyanka Yogesh Rathod v. State of Maharashtra Bom.C.R.(Cri.) 365Priyanka Yogesh Rathod v. State of Maharashtra trate, First Class, (J.M.F.C.) Aurangabad. It is contended that on 19.12.2018 non bailable warrant was issued against Yogesh and after executing that warrant when he was produced before the learned J.M.F.C., the J.M.F.C. granted Magisterial custody remand (M.C.R.) and due to that order, he was kept in Harsool jail. It is contended that on 17.1.2019 when Yogesh was taken to jail, Harsool prison, his relatives including the petitioner had gone there and at the gate of Harsool jail, they had talk with Yogesh. It is contended that he was hale and hearty at that time and the deceased had no health problem before that day. It is contended that as the family could not get record like 7/12 extract for getting bail order, Yogesh was sent to prison.