Salim Hasan Sheikh vs State Of Mah. Thr. Ministry For ...
2022 Latest Caselaw 6048 Bom

                                         1                    wp344.22

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



           CRIMINAL WRIT PETITION NO.344 OF 2022



Salim Hasan Sheikh,
age 34 years, occupation :
Convicted Offender (Prisoner
No.C-5733), r/o Central Prison,
Nagpur.                                            ...   Petitioner

            - Versus -

1)   State of Maharashtra,
     through Ministry for Home,
     Mantralaya, Mumbai-32.

2)   Additional Director General of
     Police, Prison and Reformation,
     Maharashtra State, Central
     Building, Pune - 440001.

3)   Superintendent of Prison,
     Central Prison, Amravati.                     ...   Respondents
            -----------------
Shri R..K. Maheshwari, Advocate (appointed) for petitioner.
Ms. N.R. Tripathi, Additional Public Prosecutor for respondents.
            ----------------



                                CORAM : SUNIL B. SHUKRE AND
                                        G.A. SANAP, JJ.

DATED : JUNE 29, 2022 2 wp344.22

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

Heard Shri Maheshwari, learned Counsel for the

petitioner, and Ms. Tripathi, learned Additional Public Prosecutor,

who appears by waiving notice for the respondents.

2) Rule. The rule is made returnable forthwith. Heard

finally by consent of the learned Counsel for the parties.

3) The petitioner has been denied access to the coin box

telephone facility on the ground that he is a convict under the

Protection of Children from Sexual Offences Act, 2012 (for short,

"the POCSO Act"). Admittedly, convict under the POCSO Act is not

entitled to be released on furlough or parole. The Circular dated

12/2/2019 issued by the respondent no.2 prescribes several

categories of prisoners, who are eligible to avail of coin box

telephone facility. While interpreting this Circular, this Court in its

judgment dated 9/1/2020 rendered in Criminal Writ Petition

No.1011/2019 held that category 1 related only to those prisoners,

who are eligible to obtain furlough or parole leave. It is also held

that there are other categories, which were required to be considered

and considering those categories, in particular category 6, it was 3 wp344.22

found that all the prisoners whose conduct was satisfactory for

at least six months from the date of conviction, would be entitled to

avail of coin box telephone facility. While making such

interpretation of various categories in the Circular dated 12/2/2019,

it was held by this Court that almost all the prisoners would be

entitled to have access to coin box telephone facility provided they fit

in one or the other category of the Circular dated 12/2/2019.

4) Accordingly, we direct that if the petitioner is found to

be fitting in category 6 of the Circular dated 12/2/2019, the coin box

telephone facility shall be made available to him.

5) Rule is made absolute in the above terms. No costs. The

legal remuneration of rupees five thousand be paid to the learned

Counsel appointed for the petitioner.

                                       JUDGE                                               JUDGE




                              khj


Digitally Signed By:KAMAL HUNDRAJ
JESWANI
Signing Date:30.06.2022 16:07