1 wp.1340-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1340 OF 2011 Balu Bhau Panhalkar ...Petitioner. Vs. State of Maharashtra & Ors. ...Respondents. ----- None for the Petitioner. Mr. Y.S. Shinde, APP for the State. ---- CORAM: B. H. MARLAPALLE & U.D. SALVI, JJ. JULY 18, 2011. P.C.: 1. Mr. Shinde, the learned APP, on instructions from the jailer present before the court, states that the petitioner has been convicted in SC no.72 of 1999 (old SC no.119 of 1997) for the offence punishable under Sections 302 and 376 of the IPC. Mr. Shinde further states that the petitioner has not been convicted in two separate trials and therefore, there is no question of the applicability of the Section 427 of the Cr. P.C.. 2 wp.1340-2011 2. Mr. Shinde, further states that in view of the Rule 5 of the Maharashtra Prisons (Convict Officers) Rules, 1962, no prisoner, whether male or female who has been sentenced for the offence of rape, unnatural offence, or kidnapping for the purpose of prostitution shall be appointed as a Convict Officer. 3. The Petitioner has been convicted for the offence punishable under Section 376 of the IPC, and hence he is disqualified for being appointed as the convict officer, while he is undergoing the life sentence for the offence punishable under Section 302 of the IPC. 4. Hence, the Petition is rejected. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.)