1 wp2373.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2373 OF 2010 Pradeep Ramchandra Pawar. ....Petitioner Vs. The State of Maharashtra & ors. ....Respondents Mr.A.G.Toraskar, appointed for petitioner. Mr.D.P.Adsule, APP for State. CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ DATED:- AUGUST 31, 2010 P.C. 1. Heard Counsel for the Petitioner and the learned APP. 2. This Petition under Article 226 of the Constitution of India is filed through jail. It is prayed that direction be issued to the Respondent to shift the Petitioner to Paithan Open Prison Aurangabad, within the specified time as per the directions given in Criminal Writ Petition No.2546 of 2009. 2 wp2373.10 3. Learned APP on instruction states that the Petitioner's case for transfer to open jail is under consideration and will be placed for appropriate direction in the next meeting of the Board. In case, the next meeting of the Board is not likely to be held in the near future, we direct the Board to convene a special meeting to consider the case of the Petitioner, to be decided in any case not later than 8 weeks from today. 4. We are inclined to pass this order as a special case because the allegation in the Petition filed by the Petitioner is that the convicts who were junior to the Petitioner were considered for transfer to open jail in precedence to the Petitioner without any tangible reason. Instead of going into the said allegations, in our opinion, it would be in the interest of justice to issue direction to the Authority to ensure that the Petitioner's case is considered within 8 weeks from today. 5. Needless to observe that the Board will have to examine the case of the Petitioner on its own merits in accordance with law and this order is not an expression of opinion either way as to whether the Petitioner deserves to be transferred to open jail. 3 wp2373.10 6. The Court expresses a word of gratitude for the able assistance given by the advocate appointed for the Petitioner. Copy of this order be made available to the Petitioner who is in jail. (U.D.SALVI, J) (A.M.KHANWILKAR, J)