cwp21.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.21 OF 2011 Pandurang Nagya Waghmare, At present, lodged in Central Jail at Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Secretary Home Department, Mantralaya, Fort, Mumbai, 2) The Director General of Prisons, Central Prison, Aurangabad. ...RESPONDENTS. ... Shri. M.A. Tandale Advocate (appointed) for Petitioner. Shri. K.G. Patil, A.P.P. for Respondents. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 23RD MARCH, 2011. PER COURT : 1. Heard learned counsel appearing for respective parties. cwp21.11 2 2. The Petitioner contends that he was earlier lodged in Open Jail, Paithan. On allegations that he had escaped from open prison on 18th October, 2004 and was thereafter arrested on 17th September 2005, by police attached to Pusad Police Station, was transferred to Central Prison, Aurangabad. The Petitioner is, at present lodged in Central Prison, Aurangabad. The grievance in this Writ Petition is restricted to action taken by Superintendent of Prison in affixing red band on shirt sleeves of the Petitioner - prisoner. 3. Notices were issued to the Respondents. Affidavit in reply dated 5th March, 2011 was filed by Shri. Bharat Mahadeo Bhosle, Additional Superintendent, Aurangabad Central Prison, Aurangabad. Second affidavit in reply was filed on 21st March, 2011. The deponent contends that under the provisions of Rules, namely, the Maharashtra cwp21.11 3 Prisons (Bedding, Clothing and Equipment) Rules, 1965, particularly, under Rule 17 (b) (iii), the Superintendent is empowered to direct that particular prisoner be prescribed a particular uniform pattern, in accordance with the Rules. As Petitioner had escaped from prison in past, red band is stitched on shirt sleeves of Petitioner - prisoner. 4. The learned counsel for Petitioner submits that as Petitioner was acquitted from the charges levelled under Section 224 of the Indian Penal Code, by the Judicial Magistrate, First Class, Paithan, by Judgment and order dated 7th November, 2006; the action of the Superintendent directing affixing of red band on shirt sleeves of the Petitioner - prisoner, is required to be set aside. 5. We find from the affidavit in reply, that jail authorities, based on their record, are cwp21.11 4 convinced that red band is to be stitched on shirt sleeves of the Petitioner - prisoner. The action taken by the Superintendent of Prison, is not by way of punishment, but the same was to keep a watch on the prisoner and identify him by the coloured band, which is stitched on his shirt sleeves. 6. However, the Superintendent of Prison, is entitled to reconsider the decision to affix red band on shirt sleeves of the Petitioner, by observing conduct of the Petitioner, in future. The Writ Petition stands disposed of. 7. The Secretary, High Court Legal Services Sub Committee, Aurangabad is directed to pay the fees of the appointed counsel, as per rules. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/MAR11/cwp21.11