1 common judgments
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1551 OF 2020
Dulsing Hari Pawar, C-99
Age - Major years, Occ-Nill
R/o : Aurangabad open Prison, Aurangabad,
Tq. & Dist.Aurangabad. ...PETITIONER
VERSUS
1] The State of Maharashtra
Through, Secretary, home department,
State of Maharashtra, Mantralaya Mumbai
2] The Superintendant
of the open Prison, harsul,
Tq. and Dist. Aurangabad. ....RESPONDENTS
...
Advocate for the Petitioner : Mr. Nirmal Ravindra A.P.P for Respondent-State : Mr. A.S.Shinde ...
AND CRIMINAL WRIT PETITION NO. 1552 OF 2020 Kundlik Jagannath Parjane, C-8838 Age - Major years, Occ-Nill ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 2 common judgments R/o : Aurangabad Central Prison, Aurangabad, Tq. & Dist.Aurangabad. ...PETITIONER VERSUS 1] The State of Maharashtra Through, Secretary, Home Department, State of Maharashtra, Mantralaya Mumbai 2] The Superintendant of the Central Prison, harsul, Tq. and Dist. Aurangabad. ....RESPONDENTS Advocate for the Petitioner : Mr. Nirmal Ravindra A.P.P for Respondent-State : Mr. B. V. Virdhe ....
AND CRIMINAL WRIT PETITION NO. 1576 OF 2020 Santosh Hausaji Sonkamble, C-208 Age - Major, Occ-Nill, R/o at present Harsul Prison, Tq. & Dist.Aurangabad. ...PETITIONER VERSUS 1] The State of Maharashtra Through, its Home Department, ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 3 common judgments Mantralaya Mumbai 2] The Superintendant of the open Prison at Paithan Dist. Aurangabad. ....RESPONDENTS Advocate for the Petitioner : Mrs. Sharda P. Chate A.P.P for Respondent- State : Mr. S. J. Salgare AND CRIMINAL WRIT PETITION NO. 1578 OF 2020 Soninath s/o Dagdu Shende, C-8604 Age - Major, Occ-Nill, R/o At present Harsul Prison, Tq.,Dist. Aurangabad. ...PETITIONER VERSUS 1] The State of Maharashtra Through, its Home Department, Mantralaya Mumbai 2] The Superintendant of the Central Prison Harsool, Dist. Aurangabad. ....RESPONDENTS ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 4 common judgments ....
Advocate for the Petitioner : Mrs. S. P. Chate A.P.P for Respondent -State : Mr. B. V. Virdhe .....
AND CRIMINAL WRIT PETITION NO. 1580 OF 2020 Gangaram s/o Lachiram Rathod, Age - 65 years, Occ- Convict, R/o : Masalga Tanda (Kasarpeth), Post Devthana, Tal. Bhokar, Nanded, At present confined in Central Jail, Aurangabad, ...PETITIONER VERSUS The State of Maharashtra Through Superintendent Central Jail, Aurangabad ....RESPONDENT ....
Advocate for the Petitioner : Mr. R. A. Jaiswal A.P.P for Respondent- State : Mr. R.B. Bagul ....
AND CRIMINAL WRIT PETITION NO. 1603 OF 2020 Chapnya Nkulya @ Mahakulya Bhosle, C-8990 ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 5 common judgments Age - Major, Occ-Nill, R/o At present Harsul Prison, Tq., Dist.Aurangabad. ...PETITIONER VERSUS 1] The State of Maharashtra Through, its Home Department, Mantralaya Mumbai 2] The Superintendant of the Central Prison, Harsool, Dist. :- Aurangabad. ....RESPONDENTS ....
Advocate for the petitioner : Mrs. S.P. Chate A.P.P for Respondent-State : Mr. R.B. Bagul ....
AND CRIMINAL WRIT PETITION NO. 1625 OF 2020 Kailash s/o Madhukar Pitthe, C-206 Age - Major, Occ-Nill, R/o : At present Paithan open Prison, Tq. Paithan, Dist. Aurangabad. ...PETITIONER VERSUS 1] The State of Maharashtra ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 6 common judgments Through its Home Department, Mantralaya Mumbai 2] The Superintendant of the open Prison at Paithan, Dist. Aurangabad. ....RESPONDENTS ....
Advocate for the Petitioner : Mrs. Chate Sharda P. Advocate for Respondent-State : Mr. M.M. Nerlikar ....
AND CRIMINAL WRIT PETITION NO. 1635 OF 2020 Ramesh s/o Venkaty Kadam, Convict no. 8562, Age - Major, Occ : Convict, R/o : At present confined at Central Prison Aurangabad. ...PETITIONER VERSUS The State of Maharashtra Through Superintendent Central Prison Aurangabad. ....RESPONDENT ....
Advocate for the Petitioner : Mr. R.A. Jaiswal ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 7 common judgments A.P.P for Respondent- State : Mr. S. J. Salgare AND CRIMINAL WRIT PETITION NO. 1643 OF 2020 Ramesh s/o Govind Madjhe Age - Major, Occ-Nil, R/o : C-8607, Harsool Jail, Aurangabad ...PETITIONER VERSUS 1] The State of Maharashtra Through its Principal Secretary, Home Department, Mantralaya, Mumbai - 32.
2] The Deputy Inspector of Police (Prison), Central Prison, Harsool, Aurangabad District Aurangabad.
2] The Superintendent of Prison, Central Prison, Harsool, Tq. and Dist. Aurangabad. ....RESPONDENTS Advocate for the Petitioner : Mr. M.M. Parghane A.P.P for Respondent- State : Mr. S. J. Salgare ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 8 common judgments AND CRIMINAL WRIT PETITION NO. 1644 OF 2020 Rajkumar s/o Bhimrao Shitre Age - Major, Occ-Nil, R/o : C-8830, Harsool Jail, Aurangabad. ...PETITIONER ( Orig. Accused) VERSUS 1] The State of Maharashtra Through its Principal Secretary, Home Department, Mantralaya, Mumbai - 32.
2] The Deputy Inspector of Police (Prison), Central Prison, Harsool, Aurangabad District Aurangabad.
3] The Superintendent of Prison, Central Prison, Harsool, Tq. and Dist. Aurangabad. ....RESPONDENTS Advocate for the Petitioner : Mr. M.M. Parghane A.P.P for Respondent- State : Mr. M.M. Nerlikar AND ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 9 common judgments CRIMINAL WRIT PETITION NO. 1651 OF 2020 Mohamed Naeem Nabi Mohamed Khan C-5213 Age - Major, Occ-Nill, R/o At present Paithan open Prison, Dist. Aurangabad. ...PETITIONER VERSUS 1] The State of Maharashtra Through its Home Department, Mantralaya Mumbai 2] The Superintendant of the open Prison at Paithan Dist. Aurangabad. ....RESPONDENTS ....
Advocate for the Petitioner : Mr. Sharda P. Chate A.P.P for Respondent- State : Mr. A.V. Deshmukh ....
AND CRIMINAL WRIT PETITION NO. 1652 OF 2020 Sanjay s/o Narayan Chaudante, Convict no. 5283, Age - 30 years, Occ-Convict, R/o At present confined ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 10 common judgments at open Prison Paithan Aurangabad. ...PETITIONER VERSUS 1] The State of Maharashtra Through Superintendent, Open Prison Paithan, Aurangabad.
2] The Superintendent, Central Jail, Nashik. ....RESPONDENTS ...
Advocate for the Petitioner : Mr. R. A. Jaiswal A.P.P for Respondent- State : Mr. M.M. Nerlikar ....
AND CRIMINAL WRIT PETITION NO. 1657 OF 2020 Sheikh Amjad Sheikh Ahmed @ Babu C-9177 Age - Major, Occ-Nill, R/o At present Paithan open Prison, Tq. Paithan, Dist. Aurangabad. ...PETITIONER VERSUS 1] The State of Maharashtra Through its Home Department, Mantralaya Mumbai ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 11 common judgments 2] The Superintendent of the Open prison at Paithan Dist. Aurangabad. ....RESPONDENTS ....
Advocate for the Petitioner : Mr. Sharda P. Chate A.P.P for Respondent- State : Mr. G. O. Wattamwar ....
AND CRIMINAL WRIT PETITION NO. 1666 OF 2020 Bhagwan s/o Sakharam Bhagre C-5256 Age - Major, Occ-Nill, R/o At present Harsul Prison, Tq., Dist. Aurangabad. ...PETITIONER VERSUS 1] The State of Maharashtra Through its Home Department, Mantralaya Mumbai 2] The Superintendent of the open Prison at Paithan Dist. Aurangabad. ....RESPONDENTS ....
Advocate for the Petitioner : Mrs. Sharda P. Chate A.P.P for Respondent- State : Mr. S. J. Salgare ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 12 common judgments AND CRIMINAL WRIT PETITION NO. 1667 OF 2020 Kittna s/o Nana Mugawar C-5252 Age - Major, Occ-Nill, R/o At present Paithan open District Prison, Dist. Aurangabad. ...PETITIONER VERSUS 1] The State of Maharashtra Through its Home Department, Mantralaya Mumbai 2] The Superintendent of the open Prison Paithan Dist. Aurangabad. ....RESPONDENTS Advocate for the Petitioner : Mrs. S.P. Chate A.P.P for Respondent- State : Mr. M.M. Nerlikar AND CRIMINAL WRIT PETITION NO. 1673 OF 2020
1. Tukaram s/o Malikarjun Potphale Age : 61 years, Occ : Agri. (C/9062)
2. Balaji s/o Tukaram Potphale Age : 37 years, Occ : Agri. (C/9063) ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 13 common judgments Both R/o Village Shevdi (Bz), Tq. Loha, District Nanded ( At present is in Harsool Central Jail, Aurangabad) ...PETITIONERS VERSUS 1] The State of Maharashtra Through its Principal Secretary, Home Department, Mantralaya, Mumbai - 32 2] The Superintendent Aurangabad Central Prison, Aurangabad. ....RESPONDENTS Advocate for the Petitioner : Mr. S. B. Jadhav A.P.P for Respondent- State : Mr. B.V. Virdhe AND CRIMINAL WRIT PETITION NO. 1682 OF 2020 Sanjay s/o Baburao Vishwakarma, Convict no. 315.
Age - 28 years, Occ-Convict, R/o At present confined at Open Prison Visapur, Tal. Shrigondha, Dist. Ahmednagar. ...PETITIONER ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 14 common judgments VERSUS The State of Maharashtra Through Superintendent, Open Prison Visapur, Tal. Shrigondha, Dist. Ahmednagar. ....RESPONDENT Advocate for the Petitioner : Mr. R.A. Jaiswal A.P.P for Respondent- State : Mr. A.V. Deshmukh AND CRIMINAL WRIT PETITION NO. 1726 OF 2020 Balaji Narhari Revanwar C-8836 Age - Major years, Occ-Nill, R/o Aurangabad Central Prison, Aurangabad Tq. & Dist. Aurangabad. ...PETITIONER VERSUS 1] The State of Maharashtra Through, Secretary, Home Department, State of Maharashtra, Mantralaya Mumbai 2] The Superintendant of the Central Prison, harsul Tq. & Dist. Aurangabad. ....RESPONDENTS ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 15 common judgments Advocate for the Petitioner : Mr. Nirmal Ravindra A.P.P for Respondent State : Mr. M.M. Nerlikar CORAM : T.V. NALAWADE & M.G. SEWLIKAR, JJ.
DATE : 11th January, 2021 ORAL JUDGMENT : (Per : T.V. NALAWADE, J.)
1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.
2. All these matters are flee to challenge the oreers maee by the responeents of rejection of the applications given for emergency parole, which is permissible uneer the Government Notifcation eatee 8th May 2020. The relief is refusee by giving reason that they either hae not availee parole or furlough on any occasion in the past or they hae availee either parole or furlough only on one occasion but not on two occasions.
3. In Writ Petition No. 1657 of 2020 there is one more groune that case is peneing against the petitioner uneer ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 16 common judgments Section 160 of Ineian Penal Coee. Such circumstances cannot be a groune for rejection of emergency parole as this section is not inclueee in exceptee matters given in Rule 4 of the Parole ane Furlough Rules. However, as routine in such cases bail is grantee by the learnee Jueicial Magistrate First Class.
4. This Court hae occasion to consieer the saie government notifcation eatee 8.5.2020 ane interpret the saie notifcation.
There is a coneition that for getting the beneft of this notifcation, prisoner ought to have availee either furlough or parole ane at least on two occasions in the past ane he ought to have returnee to prison in time on his own. This Court has interpretee this proviso in the case of Kavita W/o Dilip Baviskar Vs. the State of Maharashtra, in Cri. Writ Petition No. 571 of 2020 that this coneition is there only to ensure that after parole perioe is over the prisoner will return back in time on his own. This Court hele that if prisoner was otherwise eligible to get emergency parole if he hae completee three years of jail terms then the coneition that he hae not availee either parole or fulough in the past cannot come in his way to get beneft of aforesaie notifcation. In view ::: Uploaded on - 12/01/2021 ::: Downloaded on - 07/02/2021 10:16:51 ::: 17 common judgments of this, this Court holes that oreers of rejection maee against the petitioner cannot sustain in law. In the result following oreer :-
4. In the result, all the petitions are allowee. The oreers of rejection of emergency parole maee by the responeents are quashee ane set asiee. The applications, which are flee by the petitioners for emergency parole uneer the Government Notifcation eatee 8th May 2020, are hereby allowee. They are to be releasee on emergency parole on usual terms ane coneitions within seven eays from toeay.
Rule is maee absolute in those terms.
Authenticatee is allowee to both the siees.
( M.G. SEWLIKAR ) ( T.V. NALAWADE )
JUDGE JUDGE
Y.S. Kulkarni
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