[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2923 OF 2008 Mr.Sunil Vishwanath Gaikad ..Applicant Vs. State of Maharashtra ..Respondent ... Through Jail Mr.D.G.Khamkar advocate appointed for applicant Mr.K.V.Saste A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 22, 2008 DATE : SEPTEMBER 22, 2008 DATE : SEPTEMBER 22, 2008 P.C. P.C. P.C. 1. The applicant has preferred this application through jail. Mr.D.G.Khamkar, who is on the panel of Advocates of High Court Legal Services Committee, has kindly consented to appear on behalf of applicant, hence, Mr.D.G.Khamkar is appointed as advocate to represent the applicant. Heard the learned advocate appointed for the applicant and the learned A.P.P. for the State. 2. The applicant has been convicted in Sessions Case No. 13 of 2000 by the Sessions Court, Mumbai. After conviction, the applicant has been [-2-] transferred to Nasik Road Central Prison. It is stated that case bearing CC No. 616/P/1989 before the Court of the Metropolitan Magistrate, 49th Court, Vikroli, Mumbai and case bearing CC No.1100 of 2006 before the Chief Judicial Magistrate, Thane pertaining to CR No. 2333 of 2005 of Thane Nagar Police Station are pending against the applicant. The prayer of the applicant is that as the cases at Vikroli and Thane are pending trial, the applicant in normal course, would be sent to Thane Central Prison. As the applicant apprehends danger from the rival gang i.e. from the members of the Chota Rajan gang who are lodged in Thane Central Prison, he prays that he should be sent to either Kalyan Central Prison, Kalyan or Byculla Central prison. 3. The learned APP states that as the applicant has to attend the trial Court, he is kept at Kalyan Central Prison, Kalyan and thereafter if his presence is not necessary, he is sent to Nasik Central Prison. In view of this statement, the apprehension of the applicant would not survive. 4. Office to communicate this order to the applicant who is in jail. [-3-] 5. Office to take steps to pay the necessary fees to Shri.D.G.Khamkar appointed advocate for the applicant as per rules. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]