1 wp1623.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 1623 of 2010 Ali Mohd. Asgar Ali Khan ....Petitioner Vs. The State of Maharashtra & anr. ....Respondents None for the petitioner. Mr. A.S.Gadkari-APP for the State. CORAM:- A.M.KHANWILKAR AND U.D. SALVI, JJ DATED:- SEPTEMBER 23, 2010 P.C. This Petition is received through jail. The grievance in the Petition is that although the Petitioner is eligible for being considered for transfer to open prison, his claim has been denied. Learned APP in all fairness has invited our attention to the recent decision of our High Court in the case of Ashokkumar Satyanarayan Arya v/s. The State of Maharashtra in Criminal Writ Petition No. 362/2010 and connected matters in which the Court has opined that if the convict who has been sentenced for the offence punishable under Section 392, 2 wp1623.10.sxw 394 and 397 of IPC alongwith offence punishable under Section 302 of IPC and his sentence is directed to run concurrently, he will be eligible for admission to open prison on completion of sentences so awarded under Section 392, 394 and 397 of IPC. 2. In the circumstances, we dispose of this Petition with direction to the appropriate Authority to reconsider the case of the Petitioner in the light of the abovesaid decision and pass order as may be warranted in the fact situation of the case in accordance with law. That be done as expeditiously as possible and in any case not later than six weeks from the receipt of copy of this order. 3. Copy of this order be forwarded to the Petitioner who is in jail, forthwith. (U.D. SALVI, J) (A.M.KHANWILKAR, J)