1 WP642.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CRIMINAL WRIT PETITION NO. 642 OF 2017

Sayyad Jahir @ Shera Bakar Kureshi,

Age : 27 years, Occu. Nil,

R/o. Chelipura, Aurangabad.

Petitioner...

Versus

1. The State of Maharashtra.

2. Inspector General of Prisons,

Old Central Building,

Maharashtra State, Pune.

3. The Superintendent of Jail,

Central Jail at Aurangabad.

4. The Superintendent of Jail,

Central Jail at Nashik.

Respondents...

..........

Mr D. S. Manorkar, Advocate for the petitioner

Mr K. S. Patil, APP for respondents/State

.............

CORAM : R. M. BORDE &

A. M. DHAVALE, JJ.

DATE : 12^TH JUNE, 2017

ORAL JUDGMENT (Per R. M. Borde, J.) :-

1.

Rule. Rule made returnable forthwith. Heard finally with

the consent of the respective parties and taken up for final disposal at

admission stage.

2 WP642.2017

2.

The petitioner is undertrial prisoner facing charges u/s 302,

364, 201, 120(B), 143, 147, 149 of the Indian Penal Code and

Sections 3(1)(i), 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of

Organized Crime Act, 1999. The petitioner is charged for commission

of aforesaid offences along with other co-accused named in the

charge-sheet. It is informed that, there are four charge-sheets

presented to the Court wherein the petitioner is arrayed as an

accused. The petitioner is arrested in connection with Crime No.

I-21/2012 on 26.04.2012 and was remanded in PCR and finally he

has been sent to magisterial custody. The petitioner was lodged at

Central Prison at Aurangabad. A charge-sheet has been presented

against the petitioner in the Special Court bearing Special Case

No. 21/2012 and the case is pending before the Special Judge

(MCOC Act) at Aurangabad.

3.

The petitioner is resident of Aurangabad and his all

relations are staying at Aurangabad. The petitioner is making

grievance in respect of his transfer from Aurangabad Central Jail to

Nashik Central Jail without assigning any reason or without

extending any opportunity of being heard to him. It is contended

that, undertrial prisoner has been transferred to Nashik Central

3 WP642.2017

Prison in the month of August-September 2015. The presence of the

petitioner is required in Special Case No. 21 of 2012, pending before

the Special Court at Aurangabad and his transfer to Nashik Central

Prison is arbitrary and in breach of provisions of Section 29 of the

Prisoners Act, 1900 and violative of the directions issued by the

Supreme Court of India in the matter of State of Maharashtra &

Ors. Vs. Saeed Sohail Shaikh etc. reported in 2012 (12) LJSOFT

445.

4.

An affidavit-in-reply has been presented on behalf of the

respondent, wherein it has been stated that the petitioner is an

undertrial prisoner No. 109/2015 and is a member of Imran Mehandi

Gang. It is contended that, the gang has a membership of 13

individuals and all are active in Aurangabad city. It is contended

that, the members of gang are habitual offenders indulging in

offences like riots, theft, kidnapping, kidnapping for ransom, murder,

counterfeiting documents and arms act etc. It is contended that, the

gang members have extracted money and are instrumental in five

murders committed around the city. It is contended that, proper

arrangement could not be made for lodging the undertrial prisoner

i.e. the petitioner herein at Central Prison on account of

overcrowding of the Jail and paucity of sufficient space. It is

4