Firoz @ Hamza S/O. Abdul Rashid Khan (In Jail) v. State Of Maharashtra Thr. The Superintendent Central Jail Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Writ Petition No.492 of 2018 [Firoz @ Hamza s/o Abdul Rashid Khan v. State of Maharashtra, through the Superintendent, Central Jail, Nagpur) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.D. Sahoo, Advocate for Petitioner.

Ms Sangita Jachak, Additional Public Prosecutor for Respondent/State.

Coram : R.K. Deshpande & Arun D. Upadhye, JJ. Dated : 13 th June, 2018 In response to the order dated 25-5-2018 passed by this Court, the respondent has filed an affidavit stating in paras 3 to 7 as under :

"3.

The Hon'ble High Court vide order dated 25.5.2018 directed the Jail Authorities to make available the items which can be provided to the petitioner from date of order. The copy of the order dated 25.5.2018 is annexed herewith and marked as Annexure-R-I."

"4.

In compliance to the said order, the jail authorities provided food items to the petitioner as per his requirement. The copy of the extract register is annexed herewith and

marked as Annexure-R-II."

"5.

It is further submitted that so far as the clothing, alarm clock, shaving kit and mat is concerned, the answering respondent provided clothing and mat referred in Chapter XXXIII Rule 4(i) of Maharashtra Prison Manual. As per Rule 4(i) speaks as under:- A convicted criminal prisoner under sentence of rigorous imprisonment or life imprisonment or death or an un-convicted criminal prisoner (under trial) accused of murder shall wear clothing under Rule 5 and use such bedding as may be supplied to him under these Rules free of cost. Copy of extract of Maharashtra Prison Manual of Rule 5 is annexed herewith and marked as Annexure-R-III." "6.

It is further submitted that the answering respondent has not provided shaving kit to the petitioner for security purpose. It is pertinent to note here that, the clock is already fixed on the wall in corridor which is easily accessible to all the prisoners."

"7.

It is most respectfully submitted that, so far as food items are concerned, there is a list of the food items which is available with the Jail authorities mentioning the food items which are available in prison canteen. The prisoners

can purchase the same as per his requirement. The copy of the list of the food items is annexed herewith and marked as Annexure-R-IV."

In view of the aforesaid stand taken by the respondent, we do not find that any other order can be passed in this matter. The aforesaid stand is accepted and the petition is dismissed. (Arun D. Upadhye, J.) (R.K. Deshpande, J.) Lanjewar