1 1406.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1406 OF 2010 Mohd.Zubair Saiyed Anwar ...Petitioner Versus The State of Maharashtra ...Respondent ...... Mr.P.V.Dhopalkar, Advocate appointed for Petitioner. Ms.S.V.Gajare, A.P.P. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- JANUARY 7, 2011. P.C. 1. This Petition is received through jail. The principal grievance in this Petition is that the petitioner, who is under trail prisoner, should be provided with facility of home food. Learned A.P.P. has invited our attention to the Judgment of our High Court in the case of Asgar Yusuf Mukadam & Ors. vs. State of Maharashtra & Anr. reported in 2004 All.M.R. (Cri.) 3010, which answers the point in issue. We are in agreement with the submission of the learned A.P.P. that it will be open to the petitioner to apply before the Trial Court afresh for providing facility of home food, clothes and toiletry items to him while he is under trial prisoner 2 1406.10 and the same can be decided on the basis of the legal position expounded in the above said decision. 2. Accordingly, the Petition is disposed of with liberty to the petitioner to approach the Trial Court afresh. If the petitioner makes such application before the Trial Court, the same shall be decided de novo uninfluenced by the order dated 8th June, 2006 passed in MA No.231/2006 in RA No. 17/2006 in accordance with law. All questions are left open. 3. The Court expresses word of gratitude for the able assistance provided by the Counsel to espouse the cause of the petitioner. 4. Copy of this order be forthwith forwarded to the petitioner, who is in jail. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)