Kunal Anil Jaiswal (In Jail) And Others v. State Of Mah., Thr. Secretary, Home Deptt., Mantralaya, Mumbai And Others

2-cri.wp 221-201/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 221 OF 2020 PETITIONER :- 1.

Kunal Anil Jaiswal, Convict No.C-9078 2.

Suresh Maroti Kamble, Convict No.C-10414,

3. Sagar Vijay Harode, Convict No.C......

4. Rupesh Vitthalrao Tichkule, Convict No.9069, All in Central Prison, Nagpur.

...VERSUS...

RESPONDENTS :-1.State of Maharashtra, thorough its Secretary, Home Department, Mantralay, Mumbai -32

2. Inspector General (Prisons), Pune (Maharashtra)

3. Deputy Inspector General of Prison, Eastern Region, Nagpur.

4. The Superintendent of Central Prison, Nagpur.

-------------------------------------------------------------------------------------------- Mr.A.S.Fulzele, Addl. P. P, for the respondent nos.1 to 4. --------------------------------------------------------------------------------------------- CORAM : SUNIL B.SHUKRE & AVINASH G. GHAROTE, JJ.

DATE : 24.02 .20 .

O R A L J U D G M E N T (Per :Sunil B.Shukre, J.) Kavita

2-cri.wp 221-202/2 1.

Nobody is present for the petitioner. Heard learned Addl.P. P, who appears by waiving notice for the respondents. 2.

Rule. Rule made returnable forthwith. Heard learned Addl.P. P finally.

3.

The petitioner has a grievance that even though he is eligible for being kept in open prison, his case is not being considered appropriately. We are of the opinion that the case of petitioner deserves to be considered on the parameters applicable to the subject.

4. Accordingly, the petition is allowed and it is directed that respondents shall consider the case of the petitioner for his being kept in open prison, in accordance with the rules and law applicable, as expeditiously as possible and within three months from the date of the order.

Rule accordingly.

JUDGE JUDGE Kavita