Bombay High Court
Nagendra @ Raghavendra Hanumant ... vs The State Of Maharashtra And Ors on 13 October, 2016
Bench: V.K. Tahilramani
jdk 1 3.crwp.3180.16.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3180 OF 2016
Nagendra @ Raghavendra ]
Hanumant Naik @ Veera ]
C/6408, Age 28 years, ]
Occ: Convict, Presently lodged ]
At Kolhapur Central Prison, ]
Kalamba Kolhapur ].. Petitioner
Vs.
The State of Maharashtra & Ors. ig ]
At the instance of ]
]
(1)Through Superintendent, ]
Kolhapur Central Prison, ]
Kalamba-7 ]
]
(2) Deputy Inspector General of ]
Prison, Western Region, ]
Yerawada, Pune - 411006 ]
]
(3) Additional Director General ]
& Inspector General of Prison ]
Maharashtra State, Pune-411001 ].. Respondents
....
Ms. Rohini Dandekar Advocate appointed for the Petitioner
Mr. H.J.Dedia A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
MRS. MRIDULA BHATKAR, JJ.
DATED : OCTOBER 13, 2016
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ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:
1 Heard both sides.
2 The petitioner is at present in Kolhapur Central Prison,
Kalamba, Kolhapur. His prayer is that he should be sent to
open prison.
3 It is the case of the petitioner that two prisoners i.e.
Sajid Abdul Latif Khan @ Sajid Avali and Satish Keshav Doifode
who are similarly situated, have been sent to open prison, but
the petitioner has not been sent to open prison. The learned
A.P.P. has filed an affidavit of Shri. Shelake who is the
Superintendent of Kolhapur Central Prison, Kolhapur. The said
affidavit shows that Sajid Khan was convicted on 30.9.2011 and
Satish Doifode was convicted on 31.1.2009. At the time of last
meeting of the selection committee, Sajid Khan and Satish
Doiphode had completed five years sentence excluding
remission, therefore, looking to this fact and other facts, both
these persons were selected for being sent to open prison and
as per seniority list, they have been transferred to open prison.
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4 As per the Maharashtra Prison Manual 1979, Chapter
II which deals with Open Prisons under Section I, Rule No. 4(i)
(d) states that the following prisoners may be selected for
confinement in open prisons:
"4(i)(a) .......
(b) .......
(c) .......
(d) who are sentenced to imprisonment for life
or more than 14 years in the aggregate and who have
undergone five years of the sentence excluding
remission."
5 The petitioner was convicted under Section 302 of IPC
in Sessions Case No. 862 of 2008 by judgment and order dated
30.5.2014. At the time of last meeting of the selection
committee for selecting prisoners for open prison, the
petitioner had not undergone five years' of sentence excluding
remission, hence, at that time, he was not eligible for selection
for open prison. The affidavit further states that now the
petitioner has undergone actual imprisonment of more than
five years excluding remission, hence he is eligible for selection
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to open prison. In this view of the matter, the name of the
petitioner will be forwarded before the selection committee
constituted for the purpose of selecting prisoners for being sent
to open prisons. In view of the above, no further orders are
necessary, hence, Rule is discharged. Petition is disposed of.
6 Office to communicate this order to the petitioner
who is in Kolhapur Central Prison, Kalamba, Kolhapur.
[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]
kandarkar
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