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1977 DIGILAW 211 (BOM)

State of Maharashtra v. Kalabai d/o Laxman Kasabe

1977-10-20

M.S.APTE

body1977
JUDGMENT - M.S. APTE, J.:---The opponent Kalabai d/o Laxman Kasabe was convicted by the Metropolitan Magistrate at Andheri for contravening externment order passed against her by Competent Authority, which is an offence punishable under section 142 of the Bombay Police Act. 2. On the recommendation of the Probation Officer, the learned Magistrate passed an order committing the opponent accused to the Borstal School in Yeravda Prison at Pune for a period of three years and she was directed to be kept in a separate female section of the school. This order was passed on April 21, 1976. 3. However, since there is no separate female section in the Borstal School attached to the said Prison at Yervada, the opponent-accused has been kept in the Yervada Prison. 4. Under Rule 2-A of the Maharashtra Borstal Schools Rules, 1965, female offenders cannot be ordered to be detained in Borstal School so long as a Borstal School for females is not establishment by the State Government. 5. It is conceded by the Public Prosecutor for the State that no Borstal School for females has so far been established by the State Government and that therefore the order passed by the learned Magistrate cannot be sustained. 6. The opponent has already been detained in the prison for about one and half years. 7. The rule is, therefore, made absolute, the period of detention is reduced to the period already undergone and the opponent-accused is directed to be released forthwith. -----