Digambar Sandesh Janrao v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.03.24 11:11:54 +0530 CRIMINAL APPELLATE JURISDICTION BASAVRAJ GURAPPA PATIL WRIT PETITION NO.4640 OF 2021 Digambar Sandesh Janrao

...Petitioner

Versus

The State of Maharashtra.

..Respondent Ms. Snehal Shashikant Chaudhari for the Petitioner Ms. M. H. Mhatre, APP for Respondent No.1 Smt Nisha Dilipkumar Shreykar, Jail Officer Class-2, Kolhapur Central Prison - present CORAM :

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

Date :

March 21, 2022.

P. C. :

By way of present Petition, the Petitioner - Convict No.149 presently lodged in Kalamba Central Prison, Kolhapur prays for his transfer from Kalamba Central Prison, Kolhapur to Solapur Central Prison on the ground that his original place of residence is Lawool, Tq. Madha, Dist. Solapur and his family consists of his old aged mother and his wife. It is stated in the Application / Petition that his wife, by doing labour work, earns the livelihood so as to support his family and as the distance between Kolhapur and Solapur is long and due to financial constraints the Petitioner is Basavraj G Patil 1 / 2

unable to attend his old aged mother or visit his family members. It seems that a copy of the Application was received by the Prison Authorities and in turn, the Prison Authorities of Kolhapur Prison have forwarded a report / communication dated 21st March 2022 to the Office of the Public Prosecutor, High Court, Bombay. A perusal of the report shows that the Prison Authorities of Kolhapur Central Prison have no objection if the Petitioner is transferred from Kalamba Central Prison, Kolhapur to Solapur Central Prison, Solapur.

In view of this positive communication, we deem it proper to dispose of the Petition with direction to the Respondent - State to pass appropriate orders through its competent authority effecting transfer of the Petitioner from Kalamba Central Prison, Kolhapur to Solapur Central Prison, as expeditiously as possible and not later than 2 weeks from today.

With these directions, the Petition is disposed of. Fees shall be paid to the Counsel appointed, as per the Rules.

[S. M. Modak, J.] [Prasanna B. Varale, J.] Basavraj G Patil 2 / 2