Bombay High Court
Kamlakar Devidas Patil vs State Of Maharashtra And Anr on 5 October, 2017
Bench: V.K. Tahilramani
jdk 1 13.crwp.3341.16.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3341 OF 2016
Shri. Kamlakar Devidas Patil ]
Age 45 years, Occ: At present Nil ]
Presently undergoing a sentence of ]
Life Imprisonment At Kolhapur ]
Central Prison as Convict Prisoner ]
No. C-3423, residing at Vadavadi ]
Post Savalgaon, Tal. Murbad, ]
Dist. Thane ].. Petitioner
Vs.
1. The State of Maharashtra ]
(Through the Superintendent ]
of Kolhapur Central Prison, ]
Kalamba at Kolhapur ]
]
2. The Deputy Superintendent of ]
Prison West Division, Yerawada ]
Pune -6 ].. Respondents
....
Mr. B.A. Lawate Advocate for the Petitioner
Mrs. G.P. Mulekar A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
SHRI.M.S.KARNIK, JJ.
DATED : OCTOBER 05, 2017
ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.]:
1 Heard both sides.
2 The prayer of the petitioner is that he should be
shifted to open prison. The learned A.P.P. has relied on the
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affidavit of Shri. Shelake, Superintendent of Kolhapur Central
Prison, Kolhapur where the petitioner is lodged. The affidavit
shows that the petitioner is undergoing life imprisonment. It is
further stated that the petitioner was released on parole for 30
days on 16.6.2009, however, he did not report back on the due
date to the prison and he was ultimately arrested by the police
and brought back to the prison on 3.11.2010. Thus, there was
overstay of 228 days on the part of the petitioner. The case of
the petitioner was put up on 5.8.2013 before the Selection
Committee constituted for the purpose of sending prisoners for
confinement in open prison. The case of the petitioner came to
be rejected as he has overstayed 228 days and was arrested
and brought back to the prison by the police on 3.11.2010.
3 The learned counsel for the petitioner submitted that
thereafter on 4.7.2017 the petitioner has been released on
parole and he has reported back to the prison in time. This is
an aspect which could not be considered by the Committee
which met on 5.8.2013. As and when the Selection Committee
meets again, the case of the petitioner to be put up before the
Selection Committee. The learned A.P.P. on instructions states
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that after 5.8.2013, the meeting of the Selection Committee for
open prison, has not been convened because as far as the list
of prisoners who are selected for open prison in the meeting
held by the Selection Committee on 5.8.2013 is concerned,
there is pending list of prisoners who are still on the waiting
list. As the said waiting list has not been cleared, fresh
meeting has not been convened. In any event, as stated
earlier, as and when the Selection Committee meets, the case
of the petitioner to be put up before the Selection Committee
for considering whether he can be sent to open prison. Rule is
made absolute in above terms. Petition is disposed of.
[M.S.KARNIK, J.] [ SMT.V.K.TAHILRAMANI, J.]
kandarkar
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