1 2623.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2623 OF 2010 WITH CRIMINAL WRIT PETITION NO.356 OF 2011 Jullu Singh Sher Singh Dudhani & Ors. ...Petitioners Versus The State of Maharashtra ...Respondent ...... Mr.V.P.Sawant as amicus curiae. Mrs.M.H.Mhatre, A.P.P. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- FEBRUARY 11, 2011. P.C. 1. These are two Petitions received through jail making similar grievance to the effect that the petitioners while being taken to Court as under trial prisoners are being handcuffed by the Police Officials. From the record, it is noticed that the petitioners have been making application before the Trial Court from time to time and the Trial Court has directed the police that they should follow due process of law. There is no clear finding recorded so far by the Trial Court that the petitioners were in fact handcuffed on a particular date. Since the trial is still pending, we leave the question open to be considered by the concerned Trial Court as to whether 2 2623.10 the petitioners or any of them was in fact handcuffed while bringing them to the Court on any given day and if so, without prior order of the Court. The Trial Court would be free to pass appropriate order in that behalf. 2. Accordingly, these Petitions are disposed of leaving all questions open, while placing on record that dismissal of these Petitions is not a permission granted to the police to handcuff the petitioners while taking them to the Court from the jail, unless such specific orders are obtained from the concerned Court. 3. The Court expresses word of gratitude for the able assistance provided by the learned amicus curiae to espouse the cause of the petitioners. 4. Copy of this order be forwarded to the petitioners, who are in jail, forthwith for information. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.) 3 2623.10