Shital @ Vicky Nagnath More v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4642 OF 2021 Shital @ Vicky Nagnath More ....Petitioner

Versus

The State of Maharashtra ....Respondent Mr. Shashikant Chaudhari i/b. Mrs. Snehal S. Chaudhari, advocate for the petitioner.

Mr. K. V. Saste, APP for the State.

CORAM : PRASANNA B. VARALE & S. M. MODAK, JJ.

DATE : 29th MARCH, 2022.

P.C. :

1.

A limited grievance is raised in the present petition. Mr. Chaudhari, learned counsel appointed to represent the petitioner submitted that the petitioner is an under-trial prisoner, who is presently lodged in Kolhapur Central Jail, Kalamba, prayed for his transfer from Kolhapur Central Jail to Solapur Prison in the backdrop of various difficulties faced by him. It is submitted in the letter petition that petitioner's family consists of his aged mother, wife and minor daughter. As there is no other adult member in the family, the wife of the petitioner, by doing some labour work, is supporting the family. The petitioner is resident of Pandharpur town and as Kolhapur Central Jail at Kalamba is at far distance from Solapur, neither the family members of the petitioner, Digitally signed by SHUBHADA SHANKAR KADAM Date:

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nor his close relatives are in position to meet the petitioner and as such petitioner is deprived of love and affection of his family members by way of periodical visits. On this grievance, letter petition was filed in this Court.

2.

A copy of the letter petition is supplied to the Office of the Public Prosecutor. Mr. Chaudhari, learned counsel, submitted that the grievance raised by the petitioner needs to be looked into with a positive, sympathetic and humanitarian approach.

3.

Learned APP has placed on record copy of the report/communication dated 29th March, 2022 of Superintendent, Kolhapur Central Jail, Kalamba. Perusal of the report/communication shows that the prison authorities have no objection for transfer of the under-trial prisoner from Kolhapur Central Jail, Kalamba to Solapur District Prison. In view of this positive report/communication, the petition is disposed of with direction to respondent State to inform the competent authority to pass appropriate orders in this matter as expeditiously as possible and not later than four weeks from the date of receipt of the order of this Court.

4.

The fees of the learned counsel appointed to represent the petitioner be paid as per the Rules.

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5.

All concerned to act upon a copy of this order duly authenticated by the Registry of this Court.

( S. M. MODAK, J.) (PRASANNA B. VARALE, J.) 3/3