Suresh Narayan Dakhore (In Jail) v. The State Of Maharashtra, Thr. Its Secretary, Home Dept. Mantralaya, Mumbai And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Writ Petition No.353 of 2015 (Suresh Narayan Dakhore vs.

The State of Maharashtra, through its Secretary, Home Department, Mantralaya, Mumbai and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. Nisha Gajbhiye, Advocate for the Petitioner. Mr. T.A. Mirza, A.P.P. for the Respondents.

CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATE : JUNE 24, 2015.

Matter was heard on 22nd of June, 2015 and came to be adjourned to today to enable the respective counsel to further assist the Court.

Petitioner seeks his transfer from open prison at Amravati to open prison at Paithan, District Aurangabad. According to him, it is difficult for his relatives staying at Washim to come to Amravati, as distance is longer as compared with Paithan. Advocate Ms. Gajbhiye reiterates said grievance. She points out that family of petitioner is financially handicapped and, hence, this long distance poses serious problem.

Learned A.P.P. has today produced before the Court a chart showing that Amravati is either 133 kms by State

wp.353.15 2/2 Highway No. 209 or 177 kms by National Highway from Washim. He also points out that Paithan is 235 kms away by State Highway No.207, 256 kms away by State Highway No.183 and 239 kms by Mehkar Road. He contends that in this situation, time to travel to Paithan and fare for transportation is found to be more. We find substance in contention of learned A.P.P. Said contention is supported by affidavit, which is placed on record by respondents.

In this situation, we reject the prayer made by petitioner.

Charges for Counsel appointed for petitioner are fixed at Rs.1,500/- JUDGE JUDGE *sdw