Sau. Kiran W/O. Antariksha Ukey And Another (In Jail) v. State Of Maharashtra Thr. Chief Secretry Of The Govt. Home Department Mantralaya Mumbai And Others

WP178-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 178/2017 (KIRAN ANTARIKSHA UKEY & ANOTHER (IN JAIL) VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Radha Mishra, Appointed Counsel for the petitioners. Shri A.M. Joshi, A.P.P. for the respondents.

CORAM : SMT. VASANTI A NAIK AND M.G. GIRATKAR, JJ.

DATE : AUGUST 28 , 2017.

By this criminal writ petition, the petitioners seek a direction against the respondent nos.1 and 2 to transfer the petitioners to the open colony, Atapadi, District Sangli. Shri Joshi, the learned Additional Public Prosecutor appearing for the respondents, has referred to Rule 4 of the Maharashtra Prison Manual which provides that women prisoners shall normally not be considered eligible for release in the open colony prison. It is stated that since the petitioner no.1 is a woman prisoner, she would not be entitled for release in the open colony prison. Since the relief sought by the petitioners cannot be granted, we dispose of the criminal writ petition with no order as to costs. The professional fees of the learned counsel for the petitioners are quantified at Rs.1,500/-. JUDGE JUDGE APTE