Hiten Haridas Raichura vs The State Of Maharashtra And Anr

ik-199896747 Bombay High Court 11 November 2024 • WRIT PETITION NO.4396 OF 2021 • 14 min read

Judges (1)

Counsel (9)

Abhishek Kunchikor Counsel Petitioner C. Bocarro Counsel Respondent Girish Kulkarni Counsel Petitioner Himanshu Indise Counsel Petitioner Kripashankar Pandey Counsel Petitioner Mayur Tamore Counsel Petitioner N. B. Patil Counsel Respondent Sujay Shingade Counsel Petitioner Vivek Sharma Counsel Respondent

Parties (3)

State of Maharashtra Respondent Hiten Haridas Raichura Petitioner Nimish Ramdas Shah Respondent

Case Significance

Hiten Haridas Raichura vs The State Of Maharashtra And Anr is a Bombay High Court decision dated November 11, 2024 (citation: ik-199896747). The petitioner sought quashing of process issued under Section 224 IPC (escape from legal custody) and the Sessions Court order dismissing his criminal revision. The key issue was whether non-surrendering to prison authorities after expiry of parole or furlough leave amounts to escape from legal custody. The Court dismissed the petition, holding that a clear case under Section 224 IPC was made out as the petitioner had unlawfully departed from legal custody by not returning after parole/furlo The case was heard by Justice Shyam C. Chandak.

Summary

The petitioner sought quashing of process issued under Section 224 IPC (escape from legal custody) and the Sessions Court order dismissing his criminal revision. The key issue was whether non-surrendering to prison authorities after expiry of parole or furlough leave amounts to escape from legal custody. The Court dismissed the petition, holding that a clear case under Section 224 IPC was made out as the petitioner had unlawfully departed from legal custody by not returning after parole/furlough expiry.

What was the outcome of Hiten Haridas Raichura vs The State Of Maharashtra And Anr?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-199896747)