Bombay High CourtWP/194/2019dismissed

Sangita Raju Bhadre v. Jail Superintendent, Central Prison, Nashik

2019-10-10Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1 wp194.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 194/2019 Sangita R. Bhadre ..VS..

Jail Superintendent & anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

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s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M. Nikure, Advocate for the petitioner Shri M.K. Pathan, APP for the respondent/State CORAM : Z.A.HAQ & PUSHPA V. GANEDIWALA, JJ.

DATED : 10/10/2019 By this petition, the petitioner (wife of convict) is seeking directions to the respondents to transfer her husband from Nashik Central Prison to any other Prison in Vidarbha Region. The husband of the petitioner is a life convict for the offence punishable under Section 302 of the Indian Penal Code.

We have perused the petition and the reply filed on behalf of the State.

In the reply, it is stated that the husband of petitioner is sentenced for rigorous imprisonment and the prisons wherein the petitioner has sought transfer are neither provided with prison industries nor facility of employment. Furthermore, it is also stated that the husband of the petitioner is the prime member of the gang which is active in Vidarbha Region for illegal activities, and if he is transferred to Vidarbha Region, there is every possibility that his criminal network will continue.

2 wp194.19 After going through the reply filed on behalf of the State, we find that sufficient reasons are given for nontransfer of the husband (convict) of the petitioner from Nashik Central Prison to any other Prison in Vidarbha Region. Hence, we are not inclined to allow the petition. The writ petition is dismissed.

JUDGE JUDGE ANSARI