1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 1553 OF 2009 Jitesh Jivraj Solanki ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents Mr. N.N. Gavankar i/by Mr. Arfan Sait for the Petitioner Mr. A.S. Gadkari, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE: JULY 29, 2009 P.C.:- The prisoner has been transferred from a close prison to an open prison. The grievance is that the open prison is about 700 kilometres from his place of residence, and as a result, he gets cut off from his relatives and the society who would visit him. The learned Additional Public Prosecutor submits that the open prison nearer to the petitioner’s house does not have a vacancy. 2 2. In this view of the matter, we dispose of the petition, with a direction to the respondent that as and when a vacancy is available in an open prison nearer to the prisoner’s house, his transfer shall be considered. BILAL NAZKI, J. A.R. JOSHI, J.