1 Cr.WP.216/2010 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 216 OF 2010 Peddirajam @ Ramesh B. Kalleda ...Petitioner Vs. The State of Maharashtra ...Respondent Mrs. B.P. Jakhade, Advocate for the Petitioner Mrs. M.M. Deshmukh, APP for the State CORAM: B. H. MARLAPALLE & SMT. ROSHAN DALVI, JJ. DATED: 12TH JULY, 2010. P.C. 1. Heard the learned appointed Advocate for the Petitioner. This is a Petition received through the jail and the Petitioner prays for his transfer to the Central Prison at Warangal in Andhra Pradesh. 2. Shri Jayant Sega Naik, Superintendent of Kolhapur Central Prison has filed affidavit in reply and has pointed out that the order of conviction and sentence passed in Sessions Case No. 680/2003 has been challenged by the Petitioner in Criminal Appeal No.68/2007 which is presently pending before this Court. The affidavit has also referred to Rule 10(b)(3) of the 2 Cr.WP.216/2010 Non-statutory Rules under the Maharashtra Prison Manual, 1979 Chapter XXXV “removal of prisoners” Section 2. It is stated under the said Rule that no prisoner shall be transferred under reciprocal arrangements till his appeal period is over, and in case the appeal is pending, till the same is decided. 3. It is, therefore, clear that the Petitioner’s prayer for being transferred under the reciprocal arrangement to the Central Prison at Warangal in Andhra Pradesh cannot be considered until his appeal is heard and decided. 4. Hence, the Petition is rejected. (SMT. ROSHAN DALVI, J.) (B. H. MARLAPALLE, J.)