Yogesh Natthuji Uikey ... vs Superintendent Of Jail, Central ...
2023 Latest Caselaw 10183 Bom

2023:BHC-NAG:14420-DB

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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH, NAGPUR.
                               CRIMINAL WRIT PETITION NO. 418 OF 2023

                            Yogesh Natthuji Uikey [C-4866(151)],
                            Aged about 32 years, Occ. NA r/o New
                            Gyaneshwar Nagar, Ajni, Tq. & Distt.
                            Nagpur.
                                                                           ... PETITIONER.

                                                     VERSUS
                      1.    Superintendent of Jail, Central
                            Prison, Amravati.

                      2.    Senior Jailer, Central Prison,
                            Amravati.

                                                             ... RESPONDENTS.
                 _____________________________________________________________
                           Advocate Ratna Singh for the Petitioner.
                           Mrs. N. Tripathi, Addl.P.P. for the respondent/State.
                 ______________________________________________________________


                                 CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.

DATED : 03.10.2023.

ORAL JUDGMENT : (Per : Vinay Joshi, J.)

RULE. Rule made returnable forthwith.

2. The matter is taken up for final disposal by consent of

learned Counsel appearing for the parties.

3. The petitioner has been convicted for the offence

punishable under Section 302 of the Indian Penal Code vide judgment

and order dated 18.04.2016 in Criminal Case No.44 of 2014. The

Petitioner is serving life imprisonment at Amravati Central Prison. The

Petitioner has been transferred to Open Prison in the month of January,

2022, where he is serving the remainder term of sentence.

4. It is the Petitioner's principal grievance that, though he is

ready to do work for gain however the Jail Superintendent has not

assigned him any work. According to the Petitioner, he is ready to do

any kind of work on daily basis as he is in need of remuneration for

survival of his family and to pay the fine amount. The Petitioner has

alleged that the Prison Authorities are assigning daily work to some of

the convicts, who are named in paragraph 4 of the petition. In other

words, a Policy of pick and choose has been adopted by the Work

Assignment Committee, and therefore, the petitioner seeks for

direction.

5. We have gone through the allegations as well as the reply

filed by the State. It is submitted that initially, agricultural work was

assigned to the Petitioner and thereafter, weaving work was given.

However, there is no clarification as to why the daily work was assigned

to the rest and not to the Petitioner.

6. In view of above, we hereby direct the Respondents to

assign the work on daily basis (of any nature) to the Petitioner.

7. The Petition stands disposed of accordingly. Rule is made

absolute in above terms. No order as to costs.

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)

Trupti

Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 04/10/2023 14:45:39