1 11 wp.629.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 629 OF 2010 Rajesh Mangalu Paswan. ... Petitioner Vs. The State of Maharashtra. ... Respondent ----- Mr. Ashok Kumar Kotangale for the Petitioner. Mr. J.P.Yagnik, APP for the State. ----- CORAM : A.M. KHANWILKAR and U.D. SALVI, JJ. DATE : 30 th August, 2010. P.C. 1 Heard the learned counsel for the parties. 2 Perused the reply affidavit filed by the Respondent sworn by Mr. Rajendra A. Sonawane dated 26 th August, 2010. The learned APP also produced copy of the communication received from Inspector General Jails, Patna, Bihar received on FAX on 26 th August, 2010. The said communication indicates that the authorities in Bihar verified the address furnished by the Petitioner where he was residing alongwith his family members. During the said inquiry, it transpired that none of the family members of the Petitioner are residing on the given address at 2 11 wp.629.10 Bihar. So long as that position is not ascertained by the authorities in Bihar, the question of acceding to the request of the Petitioner for transfer from Central Prison Kolhapur to Central Prison, Patna, Bihar cannot be accepted. Accordingly, this petition is disposed of. At the same time, we place on record statement made by the learned APP on instructions that the Respondent would continue to pursue the matter with the Bihar authorities and if all the compliances are made, Petitioner’s request for transfer to Central Jail, Patna, Bihar will be considered on its own merits. That assurance is accepted. Accordingly, petition is disposed of. 3 Court expresses word of gratitude for the able assistance given by the advocate appointed to espouse the cause of the Petitioner. 4 Copy of this order be forwarded to the Petitioner who is in jail, forthwith. [ U.D. SALVI, J ] [ A.M. KHANWILKAR, J ]