Sushil S/O Rambharose Bahuriya (In Jail) v. State Of Maharashtra, Through Secretary. Dept. Of Home Affairs, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 211/2016.

Sushil Rambharose Bahuriya (in Jail) -VERSUSThe State of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

DATE : AUGUST 24, 2016.

Heard Shri R.D. Hajare, learned Counsel (appointed) for the petitioner and Shri R.S. Nayak, learned A.P.P. for respondents.

2.

Request of petitioner / applicant for transfer to Open Prison could not be processed because of pending trial against him.

3.

Learned counsel (appointed) for the petitioner upon instructions states that, that trial has come to an end. He is seeking time to place on record the judgment delivered therein.

4.

Learned A.P.P. points out that impact of

such judgment if any, will be required to be evaluated by the Committee which decides whether to send the person to open prison or not.

5.

In this situation, interest of justice can be met with by giving liberty to petitioner to forward copy of the judgment along with appropriate representation to respondent no.3 for its onward transmission to the Committee. If such representation is submitted within a period of three weeks from today, respondent no.3 shall forthwith transmit the same to the Committee and the said Committee shall attempt to take decision thereon within further period of 8 weeks.

6.

With these directions and keeping all rival contentions open, we dispose of the present Writ Petition. No costs.

7.

Fees payable to the learned counsel appointed for the petitioner is quantified at Rs.1500/-. JUDGE JUDGE Rgd.

CERTIFICATE is a true and correct copy of original signed judgment/order.

Uploaded by : R.G. Dhuriya. Uploaded on : 24.08.2016 Pvt. Sec.