1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2814 OF 2009 Khannasingh Ajitsingh Kalayani .. Petitioner Vs. The State of Maharashtra .. Respondent Through Jail: Ms.Rohini M. Dandekar (appointed) for the petitioner Dr.F.R.Shaikh, A.P.P. for the respondent / State CORAM : J. N. PATEL & A.A. SAYED, JJ DATE : 14TH DECEMBER, 2009 P.C. : 1. The petitioner by letter has made a grievance that the petitioner has been deprived of watchman s cap. The petitioner has specifically made ’ allegations against the respondent jail authorities that their action is arbitrary in nature whereas persons having second case whose names are mentioned in the letter petition are similarly placed and have been given cap ignoring the claim of the petitioner. 2. In response to the notice issued by this court, the Superintendent of Yerwada Central Prison has filed affidavit in reply wherein he has 2 explained under what circumstances the petitioner was not allowed to have promotion for the post of Night Watchman and adorn the cap. It has been stated that while the petitioner was on parole he had committed offences under sections 364(a), 302, 201 r/w 34 of the Indian Penal Code registered vide CR (No.276/2008 registered on dated 26.08.2008) with Wanwadi Police Station and as the petitioner has committed the offences during his period of parole, he was deprived of the cap of Night Watchman. 3. Further, the Superintendent of Yerwada Central Prison has also explained as to why promotion of the post of Night Watchman was given to 8 prisoners mentioned in the letter petition. 4. After considering the rival contention of the parties, we find that the jail authorities were justified in ignoring the claim of the petitioner for being promoted as Night Watchman. Therefore, the petition is dismissed. The order be communicated to the petitioner prisoner through the Superintendent of Yerwada Central Prison. ( J. N. Patel, J) (A.A. Sayed, J) 3