1 wp320810 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3208 OF 2010 Udaykumar Abhay Vardhan ...Petitioner V/s. The State of Maharashtra ...Respondent Mr. S.V. Marwadi, amicus curiae Ms. S.V. Gajare, A.P.P., for the State CORAM: A.M. KHANWILKAR AND A.P. BHANGALE, JJ. DATE: 20TH DECEMBER, 2010 P.C.:- This letter-petition is received through jail. 2. The petitioner, who is presently suffering rigorous imprisonment at Kolhapur Central Prison, ha sought direction against the respondent to transfer him to Taloja Central Prison for the reason mentioned in this petition. 2 wp320810 3. Pursuant to the direction given by this Court, the Additional Director General of Police (Prison) and Inspector General of Prisons, Maharashtra State, Pune, has filed affidavit, explaining the circumstances in which the request of the petitioner for transfer to Taloja Central Prison cannot be acceded to. He has stated that no work can be assigned to the petitioner if he were to be transferred to Taloja Central Prison, where he is liable to do work, being a convict. It was noticed that there are some life convicts, who are supposed to undertake work, being sentenced to undergo rigorous imprisonment, who are housed in Taloja Central Prison. It is now stated in the affidavit that out of the 752 prisoners in Taloja Central Prison, 715 are under-trial prisoners. Besides them, there are 37 convict prisoners. The said 37 convict prisoners are assigned labour work in terms of Rule 4 of the Statutory Rules called the Maharashtra Prisons (Employment of Prisoners) Rules, 1965. For the time being, the authorities are inclined to consider the request of the petitioner to transfer him to either Nashik or Yerawada Central Prison, Pune. At the same time, it is stated that if and when occasion arises, even the request of the petitioner to transfer him to Taloja Central Prison will be considered along with the cases of other similarly situated prisoners. 3 wp320810 4. In view of the above, no further issue arises for consideration. The petition is disposed of on the basis of assurance given by the respondent. 5. The Court expresses a word of gratitude for the able assistance given by the learned amicus curiae. Copy of this order be forwarded forthwith to the petitioner, who is in jail. A.P. BHANGALE, J. A.M. KHANWILKAR, J.