Mohammad Irfan Idris Sheikh vs Superintendent Of Jail- Nashik ...
2016 Latest Caselaw 4871 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL WRIT PETITION NO. 2406 OF 2016




                                                                                              
    Mohammad Irfan Idris Sheikh                                                     .. Petitioner

                        Vs.




                                                                                             
    Supdt. of Jail Nashik Road Central
    Prison & Anr.                                                                   .. Respondents




                                                                         
                                  ....
    Mr. Jagdish G. Shetty Advocate for Petitioner
                                              
    Mr. H.J. Dedia A.P.P. for the State
                                  ....
                                             
                                            CORAM : SMT.V.K.TAHILRAMANI AND
                                                    MRS. MRIDULA BHATKAR, JJ.

DATED : AUGUST 24, 2016

ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:

1 Heard both sides. Rule. By consent, rule is made

returnable forthwith.

2 This petition has been preferred against the transfer

of petitioner from Nasik Road Central Prison to Thane Central

Prison.

3 The learned counsel for the petitioner states that the

petitioner apprehends that if he is transferred to Thane Central

prison, he would not get remission. The learned A.P.P. makes a

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statement on instructions that even if the petitioner is

transferred to Thane Central Prison, the petitioner would get

remission. Thereafter, the learned counsel for the petitioner

submitted that the petitioner has preferred applications for

furlough and parole when he was in Nasik Road Central Prison.

He apprehends that if the petitioner is transferred to Thane

Central Prison, the papers relating to the parole and furlough

applications may not be forwarded to Thane Central Prison. As

far as this contention is concerned, the learned A.P.P. on

instructions states that all the papers relating to the petitioner

including his furlough and parole applications, will be

forwarded to Thane Central Prison. In view of the above facts,

the apprehension of the petitioner does not survive. Moreover,

the petitioner is being transferred from Nasik Road Central

Prison to Thane Central Prison. The family of the petitioner

resides in Mumbai. Thane is closer to Mumbai than Nasik. The

distance between Thane and Mumbai is hardly one hour

whereas the distance between Mumbai and Nasik is four hours.

Hence, Rule is discharged. Petition is disposed of accordingly.

[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ] kandarkar

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