Gajanan Babulal Battulwar (In ... vs State Of Mah., Thr. Its Secretary, ...
2021 Latest Caselaw 3090 Bom

                                                                                  criwp144.20.odt
                                                   1

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH AT NAGPUR

                        CRIMINAL WRIT PETITION NO. 144/2020

     PETITIONER:                 Gajanan Babulal Battulwar,
                                 aged adult, Convict No. C-9971,
                                 Detained in Central Prison, Nagpur.

                                             ...VERSUS...

     RESPONDENTS:              1. State of Maharashtra, through its
                                  Secretary, Home Department,
                                  Mantralaya, Mumbai.

                               2. Superintendent,
                                    Nagpur Central Prison, Nagpur,
                                    Tahsil and District Nagpur.
     ----------------------------------------------------------------------------------------------
                       None for petitioner
                       Ms. H. Jaipurkar, APP for respondent nos.1 and 2
     ----------------------------------------------------------------------------------------------
                                             CORAM : SUNIL B. SHUKRE AND
                                                             AVINASH G. GHAROTE, JJ.

DATE : 16/02/2021.

ORAL JUDGMENT (PER : SUNIL B. SHUKRE, J.)

Shri R.R.Dawda was the appointed advocate for

the petitioner. However, he was discharged as an advocate for the

petitioner, as the petitioner was desirous of to engage a private

counsel. However, till today the petitioner has not engaged any

private counsel.

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2] Even otherwise, we are of the view that

considering the prayer of this petition, this petition can be disposed

of by issuing suitable direction to respondent No.2 and therefore,

we have taken up this petition for final disposal now.

3] The petitioner is seeking his transfer back to the open

prison where he was earlier lodged and from where he was

transferred to closed prison, because an offence punishable under

Section 224 of I.P.C. was registered against him. The petitioner

contends that his conduct is good and his transfer back to the closed

prison is not justified because of his good conduct. The petitioner

has made representation for his transfer back to open prison on

07.12.2019. It appears that this representation has not been

appropriately considered by respondent No. 2 so far. We are,

therefore, inclined to issue necessary direction to Respondent No. 2

in the matter.

4] The petition is partly allowed. Respondent No. 2 is

directed to appropriately consider or accord fresh consideration to

the representation dated 07.12.2019 made by the petitioner

criwp144.20.odt

regarding his transfer back to the open prison in accordance with law

and decide the same within a period of three weeks from the date of

the order. Rule accordingly.

                               JUDGE                          JUDGE
     Rvjalit