1 20WP.1972-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1972 OF 2011 Sathsing Ajitsing Kalayani. ..Petitioner. Vs. The State of Maharashtra. ..Respondent. .......... Ms. Indu Varma, amicus curiae for the Petitioner. Mr. J.P. Yagnik, A.P.P. for the Respondent - State. .......... CORAM : A. M. KHANWILKAR AND P. D. KODE, JJ. DATED : 10th OCTOBER, 2011. P.C. 1. This Petition is received through jail. The relief claimed in this Petition is to issue direction to the appropriate authority to transfer the petitioner to open jail. Reply affidavit filed by the Superintendent, Yerwada Central Prison dated 27th September, 2011 reveals that the petitioner's case could not be considered in the earlier point of time as some other criminal case was pending against the petitioner. Now, that the said criminal case has ended in favour of the petitioner consequent to his acquittal, the petitioner's proposal for transferring him to open prison will be considered by the Selection Committee. In view of this statement made in the reply affidavit, nothing survives for consideration in this Petition. Same is disposed of accordingly. It is, PPD 2 20WP.1972-11 however, made clear that the Selection Committee and the Appropriate Authority shall consider the case of the petitioner on its own merits in accordance with law along with similarly placed convicts keeping in mind the decision of this Court dated 21st October, 2010 in Writ Petition No.2015 of 2010. 2. Copy of the order be forwarded to the petitioner who is in jail for information. 3. The Court expresses a word of appreciation for the able assistance given by the learned amicus curiae for espousing the cause of the petitioner. (P. D. KODE, J.) (A. M. KHANWILKAR, J.)