Biltu Domilal Gupta vs The State Of Maharashtra And Anr
2021 Latest Caselaw 6550 Bom

                                                1/5                            wp.731.2021.doc




                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL WRIT PETITION NO.731 OF 2021

Biltu Domilal Gupta                                                   ... Petitioner
                      Vs.
1. State of Maharashtra
2. The Superintendent of Jail,
                                                                ... Respondents
Yerwada Open District Prison, Pune


Mr.Aniket Vagal for the Petitioner

Ms.Sangeeta Shinde, APP, for Respondent - 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 19.5.2020, may kindly be quashed and set aside.

V.S. Sherla





                                              2/5                           wp.731.2021.doc




                        b) The Petitioner may kindly be released on

Emergency Parole for the Period of 45 days on any terms and condition as this Hon'ble Court may deem fit and proper.

3. The Petitioner herein (Convict No.C-717), is convicted for the

offence punishable under section 302 of Indian Penal Code for life

imprisonment and fine of Rs. 500/-, in Sessions Case No.295 of 2007

on 7.9.2010 by the Sessions Court, Vasai.

4. Learned Counsel appearing for the Petitioner submits that the

petitioner has undergone more than 13 years of imprisonment and he

is lodged in the open prison. 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

V.S. Sherla

3/5 wp.731.2021.doc

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

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 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 Yerwada Open Prison, Class-I,

Pune-6. 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. However, in the impugned order/letter of understanding, the

reason given is that the Petitioner herein was not released on furlough

or parole, till date. Another reason given is that if the convict is from

V.S. Sherla

4/5 wp.731.2021.doc

other State, in that case, emergency (Covid-19) parole cannot be

granted to that convict. Thirdly, the inmate who is convicted for the

economical offences and under Special Act is not eligible for

emergency (Covid-19) parole.

7. In our opinion, merely because the petitioner was not released

earlier cannot be a ground for rejecting the application of the petitioner

for emergency parole. This Court in Criminal Writ Petition-ASDB-LD-

VC No. 65 of 2020 (Milind Ashok Patil & Ors. Vs. State of

Maharashtra & Ors.) had occasion to consider a similar issue and a

view is taken in the said case that merely because the petitioner was

not released once in the past on parole/furlough cannot be a ground

for rejecting the application for emergency parole.

8. In that view of the matter, the writ petition is partly allowed. The

impugned order dated 19.5.2020 passed by Respondent No. 2, is

quashed and set aside. The petitioner is granted liberty to apply

afresh for grant of emergency Covid-19 parole within one week from

today. Upon filing such an application, the respondent authority shall

decide the same on its own merits, as expeditiously as possible,

however, within three weeks from the date of filing of the application in

accordance with the Prisions (Bombay Furlough and Parole) Rules,

V.S. Sherla

5/5 wp.731.2021.doc

1959, and keeping in view the factors like the extent of spread of

Covid-19 virus and conditions in jail.

9. Rule is partly made absolute to above extent. The writ petition

stands disposed of accordingly.

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




V.S. Sherla