Petitioner sought transfer from Morshi to Paithan Open Prison. Court rejected petition noting no work available at Paithan and reserved right to apply afresh when work becomes available.
Petition rejected; reserved right to apply afresh when work at Paithan is available.
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13.4.CWP.988.15
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 988 OF 2015. (Abhimanyu Narayan Kayande .vs. State of Maharashtra & others)
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Mr. H.G. Katekar, Advocate (appointed) for petitioner, Mr. S.M. Ghodeswar, A.P.P. for respondents.
CORAM : B.R. GAVAI & MRS. SWAPNA JOSHI, JJ. DATED : APRIL 13, 2016.
The petition has been filed praying for a direction to transfer the petitioner from Morshi Open Prison to Paithan Open Prison.
In the reply filed on behalf of the respondents, it is stated that at present no work is available for prisoners at Open Prison, Paithan and, therefore, the petitioner cannot be transferred to Paithan.
We do not find any reason to interfere with the said order. The petition is rejected reserving the right of the petitioner to apply afresh as and when work at Paithan is available.
Fees payable to the learned Counsel appointed for the petitioner are quantified at Rs.1500/-.
Judge
Judge
J.
1 issue framed by the court
Whether direction can be issued to transfer the petitioner from Morshi Open Prison to Paithan Open Prison in the absence of available work at the destination prison.
Abhimanyu Narayan Kayande
State of Maharashtra
B.R. Gavai
Mrs. Swapna Joshi
As recorded by the court registry
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