Kiran Umraji Kaithe (In Jail) vs State Of Mah. Thr. Its Secretary, ...
2021 Latest Caselaw 3806 Bom

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                                                                            wp253.2020.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        NAGPUR BENCH : NAGPUR.


                     CRIMINAL WRIT PETITION NO.253/2020

 Shri Kiran Umraji Kaithe,
 aged about Major,
 Bandi No.C-5518,
 R/o at present Central Jail,
 Nagpur.                                                                       ..Petitioner.

          ..Vs..

 1.       The State of Maharashtra,
          through its Secretary,
          Home Department, Mantralaya,
          Mumbai - 32.

 2.       Incharge General (Prison),
          Amravati Jail.                                                      ..Respondents.
 ------------------------------------------------------------------------------------------------
          Shri S.M. Thakre, Advocate (appointed) for the petitioner.
          Shri A.S. Fulzele, Additional Public Prosecutor for respondent Nos.1 and 2.
 ------------------------------------------------------------------------------------------------

                           CORAM :-        SUNIL B. SHUKRE AND
                                           AVINASH G. GHAROTE , JJ.

DATED :- 1.3.2021

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

1. Heard. Rule. Rule made returnable forthwith. Heard

finally by consent.

2. The petitioner is only demanding permission to use the

coin box facility in accordance with the circular dated 12.2.2019. It is

wp253.2020.odt

the case of the petitioner that he does not belong to any of the

prohibited categories mentioned in circular dated 12.2.2019 in order

that he may not avail of the coin box facility. It is his submission that

he has been convicted only for an offence punishable under Section

302 of the Indian Penal Code and that he has not been convicted for

any offence which has been connected in any manner with a gang of

criminals and much less those punishable under the provisions of

Maharashtra Control of Organised Crimes Act.

3. In these circumstances, we direct the respondents to

verify as to whether or not the petitioner is eligible for using the coin

box facility in accordance with circular dated 12.2.2019 and if it is

found that he is indeed eligible, same may be made available to him in

accordance with Rules.

4. Similar order has been passed by this Court in Criminal

Writ Petition No.1031/2019 (Dhirendera Vijay Yadav V/s. Dy. Director

General of Police, Prison and Reformation, Maharashtra State, Pune

and others) decided on 2.1.2020.

5. The petition is allowed in the above terms. Rule

accordingly.

wp253.2020.odt

6. Legal remuneration of ₹ 2,500/- (₹ Two Thousand Five 2,500/- (₹ 2,500/- (₹ Two Thousand Five Two Thousand Five

Hundred Only) be paid to the learned Advocate for the petitioner.

                                JUDGE                                                                     JUDGE




 Tambaskar.