Vijay S/O Babasaheb Nanaware vs The State Of Maharashtra And Ors
2024 Latest Caselaw 22704 Bom

Bombay High Court

Vijay S/O Babasaheb Nanaware vs The State Of Maharashtra And Ors on 5 August, 2024

Bench: Revati Mohite Dere, Prithviraj K. Chavan

                                                                              37. WPST 12285-2024.doc
          Digitally signed
          by RUPALI
          RAJESH
RUPALI    WAKODIKAR
RAJESH
WAKODIKAR Date:
          2024.08.07
          13:27:45           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          +0530

                                        CRIMINAL APPELLATE JURISDICTION
                             CRIMINAL WRIT PETITION (ST) NO. 12285 OF 2024


                   Vijay s/o Babasaheb Nanaware                            ...Petitioner
                         Versus
                   The State of Maharashtra & Ors.                         ...Respondents


                   Mr. Rupesh Jaiswal for the Petitioner.

                   Mr. K.V.Saste, Addl.P.P for the Respondent-State.


                                                     CORAM : REVATI MOHITE DERE &
                                                             PRITHVIRAJ K. CHAVAN, JJ.

DATE : 5th AUGUST 2024

P.C. :

1. The grievance of the petitioner in the aforesaid petition is

that he is not being considered eligible for open prison despite having

undergone the punishment awarded for the offence punishable under

Section 376 of the IPC. He submits that the petitioner was awarded

life imprisonment for the offence punishable under Section 302 of the

IPC and 10 years punishment for the offence under Section 376 of the

37. WPST 12285-2024.doc

IPC. He submits that the petitioner has undergone 10 years of

imprisonment as awarded to him under Section 376 of the IPC and

therefore, he would now be eligible for being considered for open

prison under Rule 4(vii) of the Maharashtra Open Prison Rules, 1971.

He submits that the Selection Committee has rejected the petitioner's

request for open prison only on the ground that the petitioner has

been convicted for the offence under Section 376 of the IPC. This,

according to the learned Counsel for the petitioner, is contrary to the

Rules as well as the Judgment of this Court in the case of Ashokkumar

Satyanarayan Arya V/s State of Maharashtra & Anr. 1, in particular,

paras 10 and 11 of the said Judgment.

2. There is substance in what is being urged by the learned

Counsel for the petitioner, inasmuch as, it appears prima facie, to us

that the petitioner is eligible for being considered for open prison.

Whether or not to send him to open prison is the decision of the

Selection Committee and that the Selection Committee cannot hold

the petitioner ineligible only on the ground that he was convicted also 1 2010 CJ (Bom) 2351

37. WPST 12285-2024.doc

for the offence punishable under Section 376 of the IPC, more

particularly, since the petitioner has already undergone the sentence of

the said offence. Accordingly, we request the Special Inspector

General of Prisons, Nashik Division, Nashik, to appear before us

through V.C. on the next date.

3. Stand over to 13th August, 2024 at 2.30 p.m.

4. Mr. Saste, learned Addl.P.P, to communicate the said order

to the Special Inspector General of Prisons, Nashik Division, Nashik,

so as to enable him to appear before this Court on the next date.

PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.