1 wp2371.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2371 OF 2010 Manik Anant Patil ....Petitioner Vs. The State of Maharashtra & Anr. ....Respondents Mr. A.V.Chatuphale, advocate appointed for petitioner. Dr.F.R.Shaikh, APP for State. CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ DATED:- AUGUST 31, 2010 P.C. 1. Heard advocate appointed for the Petitioner and the learned APP. 2. This Petition under Article 226 through jail filed by the convict seeks direction against the Respondent to allow the Petitioner to avail of home-food supplied by his family members, on daily basis, considering the fact that he has undergone bypass surgery in July, 2009. As per the Rules, the convict in jail cannot be permitted to avail of the home food. In that sense, the relief as prayed cannot be granted. The Petitioner's case cannot be made exception unless such 2 wp2371.10 power exists with the Authority. Indeed, that does not mean that the Petitioner should be denied proper food, as may be advised by the Doctors, who have treated the Petitioner while in jail. 3. The learned APP submits that such facility has already been offered to the Petitioner during the relevant period. We have no reason to doubt the correctness of this statement. In any case, the jail authority may take opinion of the concerned Doctor as to whether it is necessary to continue the same diet for the Petitioner. The jail authority may comply with such advise regularly. Petition disposed of on the above terms. 4. Court expresses a word of gratitude for the able assistance given by the advocate appointed to espouse the cause of the Petitioner. 5. Copy of this order be forwarded to the Petitioner who is in jail. (U.D.SALVI, J) (A.M.KHANWILKAR, J)