Disposed
Mohammad Irfan Idris Sheikh v. Superintendent of Jail- Nashik Central Prison and Ors.
Bombay HCWP/2406/2016
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from the order text
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HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL…
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jdk 1 2.crwp.2406.16.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2406 OF 2016
Mohammad Irfan Idris Sheikh
.. Petitioner
Vs.
Supdt. of Jail Nashik Road Central Prison & Anr.
.. Respondents
Mr. Jagdish G. Shetty Advocate for Petitioner Mr. H.J. Dedia A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI AND MRS. MRIDULA BHATKAR, JJ.
DATED : AUGUST 24, 2016
ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:
1 Heard both sides. Rule. By consent, rule is made returnable forthwith.
2 This petition has been preferred against the transfer of petitioner from Nasik Road Central Prison to Thane Central Prison.
3 The learned counsel for the petitioner states that the petitioner apprehends that if he is transferred to Thane Central prison, he would not get remission. The learned A.P.P. makes a
jdk 2 2.crwp.2406.16.j.doc
statement on instructions that even if the petitioner is transferred to Thane Central Prison, the petitioner would get remission. Thereafter, the learned counsel for the petitioner submitted that the petitioner has preferred applications for furlough and parole when he was in Nasik Road Central Prison. He apprehends that if the petitioner is transferred to Thane Central Prison, the papers relating to the parole and furlough applications may not be forwarded to Thane Central Prison. As far as this contention is concerned, the learned A.P.P. on instructions states that all the papers relating to the petitioner including his furlough and parole applications, will be forwarded to Thane Central Prison. In view of the above facts, the apprehension of the petitioner does not survive. Moreover, the petitioner is being transferred from Nasik Road Central Prison to Thane Central Prison. The family of the petitioner resides in Mumbai. Thane is closer to Mumbai than Nasik. The distance between Thane and Mumbai is hardly one hour whereas the distance between Mumbai and Nasik is four hours. Hence, Rule is discharged. Petition is disposed of accordingly.
[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]
kandarkar
2 of 2
Mohammad Irfan Idris Sheikh
Supdt. of Jail Nashik Road Central Prison & Anr.
V.K. Tahilramani
Mridula Bhatkar
As recorded by the court registry
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