Mirza Himayat Baig @ Ahmed Baig Inayat Mirza @ Hasan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1208 OF 2015 IN CRIMINAL APPEAL NO. 755/2013 Mirza Himayat Inayat Baig @ Ahmed Baig Inayat Mirza @ Hasan ...

Applicant (original accused) V/s.

The State of Maharashtra ...

Respondents (original complainant) Mr. T.W. Pathan a/w. Mr. I.A. Khan i/b. Legal Axis for the applicant - original accused no.4.

Mr. Raja Thakare, Special Counsel for the State. CORAM :

NARESH H. PATIL AND S.B. SHUKRE, JJ.

9th October, 2015.

P.C.

The present criminal application dated 1st September, 2015 was forwarded by the accused Mirza Himayat Inayat Baig through jail to the Registry of this Court. The accused had prayed for his transfer from Central Prison, Nagpur to any jail in Mumbai. 2.

We have perused the application.

3.

Learned Special Counsel Shri Thakare has taken instructions from the concerned administration. Learned Counsel appearing for the applicant Shri Pathan submits that the accused desires that he be transferred to the jail in Mumbai so that he would be in a better position to give instructions to his lawyers. During the course of arguments it was submitted that after the pronouncement of judgment and order the accused was lodged in Mumbai Central Prison, Arthur Road, Mumbai. Thereafter, he was transferred to Yerwada jail in Pune. The accused had made request for his transfer from said jail, so accordingly he was transferred to Central Prison, Nagpur and since then the accused is lodged in the said prison.

4.

Considering the submissions advanced and the contentions raised, we are of the view that the accused could be transferred from Central Prison, Nagpur to Mumbai Central Prison, Arthur Road, Mumbai. 5.

We accordingly order the jail administration, Central Prison, Nagpur to transfer accused Mirza Himayat Inayat Baig from Central Prison, Nagpur to Mumbai Central Prison, Arthur Road, Mumbai. 6.

Criminal Application is accordingly disposed of. (S.B. SHUKRE, J.) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.

CERTIFICATE Certified to be true and correct copy of the original signed Judgment / Order.