Kailas Bhika Navghare vs The State Of Maharashtra And Anr
2021 Latest Caselaw 6544 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL WRIT PETITION NO.340 OF 2021

Kailas Bhika Navghare                                     ...PETITIONER

                      Versus

1.            The State of Maharashtra

2.            The Superintendent of Jail
              Nashik Road Central Prison                  ...RESPONDENTS


Mr.Aniket Vagal for the Petitioner
Mrs.S.D. Shinde, APP for State


                                             CORAM : S. S. SHINDE &
                                                     MANISH PITALE, JJ.

JUDGEMENT RESERVED ON : APRIL 8, 2021.

JUDGEMENT PRONOUNCED ON: APRIL 20, 2021.

JUDGMENT [PER S. S. SHINDE, J.]:

Rule. Rule made returnable forthwith and heard with the consent

of the counsel appearing for the parties.

2. The Petitioner has filed the present petition for the following

substantial reliefs:

a) Order of Respondent No. 2 passed on 19.9.2020, may kindly be quashed and set aside.

b) The Petitioner may kindly be released on Emergency Parole for the Period of 45 days on

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any terms and conditions as this Hon'ble Court may deem fit and proper."

3. The Petitioner herein (Convict No.C-12011), is convicted for the

offence punishable under section 302 of Indian Penal Code for life

imprisonment and fine of Rs.1800/-, in Sessions Case No.92 of 2012

on 15.10.2018 by the Sessions Court at Jalgaon.

4. Learned counsel appearing for the Petitioner submits that the

petitioner has undergone 2 years 9 months of imprisonment and he is

lodged in Nashik Road Central prison, Jail Road, District Nashik. It is

submitted that the application of the petitioner to release him on

emergency (Covid-19) parole was rejected on the ground that the

petitioner was never released on parole/furlough, till date. Therefore,

the learned counsel appearing for the Petitioner submits that merely

because the Petitioner was not released earlier is no ground to reject

his application for emergency (Covid-19) parole.

5. Learned APP appearing for Respondent-State submits that the

prayer of the petitioner to release him on emergency (Covid-19)

parole has rightly been turned down, relying upon the notification

dated 8th May 2020 issued by the Government of Maharashtra, Home

Department. It is submitted that the inmates in Jail are less in number

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as compared to the capacity of the prison. Utmost care is being taken

in the prison by the officers and employees working in the prison by

regularly examining the convicts by thermal scanning and RT-PCR

tests. At present, there are no convicts who are tested positive/Covid-

19 affected in the said prison. Therefore, learned APP submits that

the prayer of the petitioner to release him on emergency (Covid-19)

parole cannot be favorably considered.

6. We have given careful consideration to the submissions of

learned counsel appearing for the Petitioner and learned APP

appearing for the Respondent - State. With the able assistance of

learned counsel appearing for the Petitioner and learned APP, we

have perused pleadings and grounds in the petition, annexures

thereto, impugned order/letter of understanding and also report

received from the Superintendent of Nashik Road Central Prison, Jail

Road, Nashik. Upon careful perusal of the said report received from

the prison authority, it appears that proper care is being taken of the

convicts in the prison so as to avoid possibility of contracting Covid-19

virus. Further, we have noticed from the report submitted by the jail

authority that the petitioner has not yet completed three years in jail.

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7. In the circumstances, the petitioner cannot be released on

parole / furlough. The impugned order dated 19.9.2020 cannot be

faulted with.

8. In that view of the matter, the writ petition is rejected.

9. Rule is discharged. The writ petition stands disposed of

accordingly. The petitioner will be at liberty to apply in future for

furlough/parole subject to fulfilling eligibility criteria laid down in the

Prisons (Bombay Furlough and Parole) Rules, 1959.

     (MANISH PITALE, J.)                                      (S. S. SHINDE, J.)




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