Pravin S/O Pundalik Rathod v. State Of Maharashtra, Thr. D.I.G. (East Region), Nagpur And Another

criwp88.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 88/2021 PETITIONER :

Pravin s/o Pundalik Rathod, aged 36 years, C-4804, Central Prison, Amravati. Dist. Amravati.

...VERSUS...

RESPONDENTS: 1. The State of Maharashtra, through D.I.G, (Eastern Region), Nagpur.

2. The Superintendent of Central Prison, Amravati, Dist. Amaravati.

---------------------------------------------------------------------------------------------- Mr. A.Y.Sharma, Advocate for petitioner Ms. Nandita Dubey, APP for respondent nos.1 and 2 ---------------------------------------------------------------------------------------------- CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATE : 12/03/2021.

ORAL JUDGMENT (PER : SUNIL B. SHUKRE, J.) 1] Heard.

Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties. 2] The petitioner is seeking his transfer from Amravati prison to Yavatmal prison. However, we find that such a request of

criwp88.21.odt the petitioner, which has already been rejected by the respondents, cannot be accepted in the present facts and circumstances. 3] Now, it is brought on record that there is no room available for accommodating any additional prisoner in the Yavatmal prison. If this is so, the prisoner like the petitioner cannot insist upon his transfer to Yavatmal prison and add to the congestion already prevailing in Yavatmal prison.

4] There is no merit in the petition. The petition stands dismissed.

5] The legal remuneration of Rs.2,500/- (Rupees Two Thousand Five Hundred) be paid to the learned appointed counsel. 6] Rule is discharged.

JUDGE JUDGE Rvjalit