1 288611 IN THE HIGH COURT OF JUDICATURE AT BOMBAY vgm CRIMINAL APELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2886 OF 2011 Balu Bhau Panhalkar ...Petitioner V/s. The State of Maharashtra & Ors. ...Respondents Mrs. Nasreen Ayubi for the Petitioner Mr. A.S. Gadkari, A.P.P., for the State CORAM: A.M. KHANWILKAR AND R.G. KETKAR, JJ. DATE: DECEMBER 5, 2011 P.C.:- It is common ground that the petitioner was convicted for offences punishable under Sections 376 and 302 of the Indian Penal Code. As per Rule 4 (ii) (g) of Chapter II of the Maharashtra Open Prisons Rules, 1971, the petitioner is ineligible for being shifted to open prison. Besides, the learned A.P.P. submits that, as presently advised, it appears that the petitioner had applied for the same relief by way of Writ Petition, which has been rejected, but this would be subject to 2 288611 verification of the record. Even if the second aspect is to be ignored, as aforesaid, the petitioner is not eligible for being transferred to open prison, as per the Rules. 2. Hence, this petition fails, and is dismissed. R.G. KETKAR, J. A.M. KHANWILKAR, J.