1 ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No.1466 of 2009. Sachin Ganpat Badambe. .. .. Petitioner. vs. The State of Maharashtra & Ors...Respondents. Mr N. N. Gawankar i/b Arfan Sait, Advocate for the Petitioner. Mr K. V. Saste, A.P.P.,for the State. CORAM: BILAL NAZKI AND A.R.JOSHI,JJ DATED : 16TH SEPTEMBER,2009 P.C.:- 1. The petitioner’s case is that his request to shift him to open jail was rejected on the ground that he was a member of a gang. Therefore, he challenges the action of the respondents by this writ petition. An affidavit has been filed by the Jail Superintendent in which he has stated that on the basis of the record maintained by the Jail the respondents were of the view that the petitioner belongs to a gang known as “Manchekar Gang”. The Selection Committee prepared a list where the petitioner was given a hearing and rejected his request for 2 shifting to a open prison. But in paragraph 9 of the same affidavit it has been stated that the concerned police station have reported that the petitioner was not member of any Gang. Decisions by the Selection Committee was taken on 3.1.2009 whereas the reports were received from the concerned police station much after that. Obviously when decision was taken by the Selection Committee, the Selection Committee had no material before it to come to the conclusion that the petitioner belongs to a Gang. They received the reports after the decision and the reports did not justify the decision. In this view of the matter, we allow the writ petition, set aside the order passed and direct the concerned Committee to reconsider the matter afresh in the light of the reports received from the R.A.K.Marg Police Station, Mumbai and N.M.Joshi Marg Police Station,Mumbai. Order shall be passed within two weeks from today. Writ petition is disposed of accordingly. (BILAL NAZKI,J) (A.R.JOSHI,J)