(Kurian Joseph, A.M. Khanwilkar and Dhananjaya Y. Chandrachud], JJ.)
Sudam @ Rahul Kaniram Jadhav ______________ Applicant/Appellant
v.
The State of Maharashtra ________________ Non-Applicant/Respondent
Crl.M.P. Nos. 10325-10326/2015 in R.P.(Crl.) Nos. 401-402/2012 in Crl.A. Nos. 185-186/2011, decided on November 12, 2018
The Order of the court was delivered by
Order
1. Heard Ms. Nitya Ramakrishnan, learned counsel for the review petitioner and Mr. Nishant R. Katneshwarkar, learned counsel for the respondent/State.
2. It is seen that the petitioner has requested for shifting him from Nagpur Central Jail to Aurangabad. It is also seen that the request has been forwarded with a positive recommendation by the Senior Jailor, Nagpur.
3. We direct the Competent Authority to take a decision on the request of the petitioner for shifting him from Nagpur to Aurangabad expeditiously, in any case within four weeks from today.
4. We direct the Competent Authority to constitute an appropriate Medical Board, having regard to the medical issues indicated in the various reports. The Board shall consist of at least one clinical psychiatrist. A report by the Medical Board with regard to the treatment already given and the proposed treatment etc. shall also be filed in this Court within a month.
5. Having heard the learned counsel for the parties, we are of the view that the review petitions regarding the sentence needs to be considered afresh. Therefore, the order dated 26.07.2012 passed in Review Petition No….D19901/2012, dismissing the review petition is recalled and the applications for re-opening of review petitions are, accordingly, disposed of.
6. The order on suspension of death sentence will continue to operate till the disposal of these review petitions.
7. Post these review petitions for hearing afresh during the second week of January, 2019.
8. The Registry may place the available records before the Court. The petitioner may make available a copy of the records to the learned counsel for the respondent/State.
———
