2. wp 924-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 924 OF 2011 Sayyad Jalaluddin Sayyad Allauddin ] C-6216, Aurangabad Central Prison, ] Aurangabad. ] Petitioner Versus The State of Maharashtra ] Respondent Mr. K.M. Mhatre, Advocate appointed for the Petitioner Mr. Y.S. Shinde, APP for the State CORAM : P.V. HARDAS & M.N. GILANI, JJ. DATE : 28th APRIL, 2011. ORAL JUDGMENT [Per P.V. HARDAS, J]: 1. Heard learned Counsel for the respective parties. 2. Rule. By consent, Rule made returnable forthwith and the petition is heard finally at the stage of admission. 3. A communication sent by the petitioner through jail has been registered as Criminal Writ Petition. The petitioner prays for issuance of a writ directing the respondent to transfer the 1 2. wp 924-11.doc petitioner to the open jail on the basis of his selection. 4. We have heard Shri. K.M. Mhatre, learned counsel for the petitioner and learned APP for the respondents. The learned APP states on instructions that the petitioner has been selected for his transfer to the open jail and the petitioner is on the wait- list at Serial number 491 and accordingly, the petitioner would be sent to the open jail as per his turn. In that light of the statement, we do not find that the petitioner's grievance that he has not been sent to the open jail and his request for out of turn to the open jail, are justified. In that light of the matter, therefore, we do not see any merit in the petition and dismiss the same by observing that the petitioner would be referred to the open jail as per his turn. Rule, therefore, stands discharged with no order as to costs. [ M.N. GILANI, J ] [ P.V. HARDAS, J ] 2 2. wp 924-11.doc 3