W627-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.627 OF 2010 Sanjay Sudhakar Kage. ..Petitioner. Versus The State of Maharashtra and others. ..Respondents. .... Mrs.Nasreen Ayubi, Advocate (appointed) for the petitioner. Mrs.A.S. Pai, A.P.P., for the Respondent - State. .... CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 04TH MAY, 2010 ORAL ORDER (PER A.R.JOSHI,J.) 1. Heard rival submissions for some time. 2. It is the Petition preferred by a convict presently lodged at Kolhapur Central Prison undergoing the sentence for life imprisonment on conviction for an offence punishable under Section 302 of Indian Penal Code. The petitioner prays for transfer to open prison. 3. On earlier occasion, we have heard the rival submissions and also perused the record produced by the jail authorities. It is specifically pointed out by the learned A.P.P. that as per the own W627-10 2 admissions of the petitioner, vide his written letters to the authorities, he claimed to be a member of the Arun Gavali gang and detailed various instances of threats given by the rival gang members while in jail. As such, according to the own admission of the petitioner, he is a member of an organized crime syndicate and as such, comes within the purview of Rule 4(ii)(i) which is one of the categories of the prisoners who shall not normally be sent for confinement in a open prison. Said category is of "hired and professional murderers". With this factual position, there is nothing to grant the prayer in the writ petition for transfer of the prisoner to the open prison, and as such present writ petition is dismissed and accordingly disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)