1 wp.831.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.831 OF 2010 Mahesh Dattatray Bagal & Ors. ...Petitioners Versus The State of Maharashtra & Anr. ...Respondents ...... Mrs.Anjali R.Waghmare for Petitioners. Mr.J.P.Yagnik, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- AUGUST 24, 2010. P.C. 1. Heard Counsel for the parties. 2. The grievance in this Petition is that although the Petitioners are eligible to be appointed as Convict Officers, the same is denied by the Authorities on untenable pleas. In that, the Authority is of the opinion that by virtue of Clause 5 of the Government Notification dated 30th April 1962, the Petitioners who were convicted for offence of kidnapping under Section 364 of the Indian Penal Code are disqualified. That objection is reiterated by the learned A.P.P. before us. 2 wp.831.10.sxw 3. To examine this aspect, we would straight away advert to Clause 5 of the Government Notification issued by the Home Department bearing No.RJM-1058-(XIII)-IV dated 30th April 1962. The same reads thus: “5. No prisoner, whether male or female who has been sentenced for the offence of rape, unnatural offence, or kidnapping for the purpose of prostitution shall be appointed as a Convict Officer.” 4. Going by the plain language of this Notification, the same would apply only in a case where offence of kidnapping is associated with the activity of prostitution. In the present case, admittedly, none of the Petitioner have been prosecuted for such offence. Instead, they have been convicted for offence of kidnapping for the purpose of intention to murder. In other words, the offence of kidnapping committed by the Petitioners was not for the purpose of prostitution. If so, Clause 5 of the Notification will have no application to the case of the Petitioners before us. 5. In the circumstances, we direct the Respondents to consider the claim of the Petitioners for being appointed as Convict Officers subject to fulfillment of other eligibility conditions and on such terms and conditions as may be thought appropriate. 6. Petition allowed on the above terms. 3 wp.831.10.sxw 7. The Court expresses word of gratitude for the able assistance given by the learned amicus curiae. 8. Copy of this order be forwarded to the Petitioners who are in jail, forthwith. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)