1 cri-wp-1046-11.doc pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1046 OF 2011 Rakesh @ Jam Chalya Prabhakar Shishupal ...Petitioner Versus The State of Maharashtra ...Respondent None for petitioner. Mrs. P.P. Shinde, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. July 15, 2011. P.C. 1. We have heard Mrs. Shinde, the learned APP. We have also perused the affidavit-in-reply filed by Mr. Maula Sayyad, Inspector of Police from Nashik City Control Room. 2. There is no dispute that the petitioner is an under-trial prisoner and he is facing trials in the courts at Mumbai i.e. C.C. No. 2 cri-wp-1046-11.doc 758/PS/2010 pending before the 34th Court of the Additional Chief Metropolitan Magistrate at Vikroli and C.C. No. 1440/PW/2010 pending before the same court. On every date fixed before the courts in Mumbai he is required to be produced from the Central Prison at Nashik and on some dates he could not be so produced. Hence, he submitted this petition. 3. In the affidavit-in-reply filed by Mr. Maula Sayyad, it has been admitted that on 2/2/2011 and 29/3/2011 he could not be produced because the police escort party was not available. The affiant has now undertaken that necessary escort party will be provided to the petitioner subject to the law and order problems and availability of man-power. 4. If the petitioner is an under-trial prisoner and is required to be produced in the on-going trials before the courts at Mumbai, we do not see any justification as to why the petitioner should be continued in the Nashik Road Central Prison at Nashik. It would be appropriate that he is transferred to the Central Prison at Thane or Mumbai so that the difficulties faced by the Nashik Police Commissionerate do not come in the way of the trial being continued and conducted expeditiously. 3 cri-wp-1046-11.doc 5. We, therefore, direct that the petitioner be transferred from Nashik Road Central Prison to any other Central Prison at Mumbai or Thane within one week from today. 6. Petition is disposed off in terms of the above directions. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)