1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1343 OF 2009 Sanjivkumar M. Roy .... Petitioner V/s. The State of Maharashtra ..... Respondent None for the petitioner. Smt.M.M.Deshmukh, APP, for the State. CORAM :P.B.MAJMUDAR, & R.G.KETKAR, JJ. DATE : 17th FEBRUARY, 2010 P.C. 1. On 05-02-2010, learned APP pointed out to the Court that State of Bihar has no objection if the petitioner is transferred to the State of Bihar. The State of Maharashtra shall act accordingly in accordance with law. 2. Regarding other 31 prisoners, now affidavit has been filed by the Law and Research Officer, attached to the Inspector General of Police, Prisons. In the said affidavit, reference to Rule 10(b) sub rule (3) of Maharashtra Prison Manual, Chapter XXXV, is made which provides that no prisoner shall be transferred under the reciprocal arrangements till his appeal period is over and if he has filed an appeal, till the appeal is decided. It is also stated in the affidavit that out of 31 prisoners, four are 2 not qualified for reciprocal arrangement because of pendency of their appeal and five prisoners have been granted reciprocal arrangement including the present petitioner and therefore, 22 prisoners are under waiting list for transfer under reciprocal arrangements. 3. Since so far as present petitioner is concerned, as pointed out by the learned APP, the State of Bihar has shown no objection if he is transferred to the Bihar. The State of Maharashtra may now take follow up action in connection with those prisoners who are eligible as per rules regarding their transfer to the home State. The State of Maharashtra may accordingly, take action in accordance with the rules. 4. Subject to what has been stated above, writ petition is disposed of. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J.)