- (1.)THIS criminal writ petition filed by the petitioners depicts a sorry state of affairs. The facts emerged out from this criminal writ petition show as to how the public servants have committed illegalities. Because of illegal detention even after order of acquittal, petitioner No. 1 has claimed compensation of Rs. 2 Lakhs from the State Government.
(2.)THE facts giving rise to this criminal writ petition are as under : The petitioner No. 1 Samadhan was married to deceased Surekha on 17-1-1997. The petitioner No. 1 Samadhan and his mother Savitribai, who is petitioner No. 2, subjected Surekha to cruelty. It is alleged that serious atrocities were committed on Surekha. She was physically and mentally tortured. Surekha could not bear the harassment and ultimately, committed suicide on 2-5-1997 by sprinkling kerosene oil on her person and setting herself on fire. Therefore, the petitioner Nos. 1 and 2 were prosecuted for offences punishable under Sections 498a and 304 B read with 34 of Indian Penal Code. The learned Sessions Judge, Shrirampur convicted both the petitioners under Sections 498a, 304b read with 34 of Indian Penal Code. Feeling dissatisfied by the order of conviction and sentence, the petitioners (original accused) filed Criminal Appeal No. 176 of 1998. The petitioner No. 2 was on bail whereas the petitioner No. 1 did not get bail and he was in jail. Single Judge of this Court allowed the criminal appeal filed by the petitioners by order dated 27-4-2001 and quashed and set aside the order of conviction and sentence passed by the Additional Sessions Judge, Shrirampur. Consequently, the petitioners were acquitted. This Court, after recording order of acquittal, directed petitioner No. 1 Samadhan to set at liberty forthwith.
(3.)THE intimation of acquittal was sent to the Additional Sessions Judge, Shrirampur on 30-4-2001. The copy of the final writ was also sent to the Superintendent, Sub Jail, Kopargaon, District - Ahmednagar for information/necessary action. The Additional Sessions Judge, Shrirampur, acting on the final writ issued by the High Court, issued release order on 9-5-2001 and sent it to the Jailor, Kopargaon, The Superintendent of Sub Jail, Kopargaon sent the intimation to the Superintendent, District Prison, Ahmednagar. The District Superintendent of Jail, Ahmednagar forwarded the intimation to Superintendent, Yerwada Central Prison, Pune because petitioner No. 1 was already transferred to Yerwada Central Prison, Pune and was undergoing sentence imposed on him by the Additional Sessions Judge, Shrirampur. The intimation was received by the Superintendent, Yerwada Central Prison, Pune on 18-5-2001. However, it was only intimation. In the absence of release order, the prisoner was not released from jail, though he was acquitted by the High Court on 27-4-2001.