Santosh Manohar Deshmukh v. The Deputy Inspector General (Prison) And ANR

1 (5)wP-952-14.docx rkm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.952 OF 2014 Santosh Manohar Deshmukh ] ..

Petitioner (Through Jail) vs.

The Deputy Inspector General ] ..

Respondents (Prison) & Anr.

None for the Petitioner.

Smt.S.D. Shinde, APP for the State.

CORAM : B. P. DHARMADHIKARI & N.R.BORKAR, JJ.

DATE : 17th JANUARY, 2020.

P.C.:

1] Learned APP by relying upon report dated 22nd February, 2014 points out that the Competent Committee which approves placement of convicts in open prison has, in 2013, found the Petitioner/Prisoner not eligible. She also submits that as per Maharashtra Prison Manual, Chapter 2, Rule 4(2)(g) prisoners convicted under Sections 121, 121-A, 122, 123, 124, 124-A, 125, 126, 128 to 135, 376, 392 to 402 of the Indian Penal Code are not eligible for transfer to open prison.

2 (5)wP-952-14.docx 2] Accepting this statement, and with liberty to the Petitioner/ Prisoner to take necessary steps as may be open to him in law, we dispose of the Petition.

Order be communicated to the prisoner in jail. [N.R.BORKAR, J.] [B.P.DHARMADHIKARI, J.]