Sunil Mukhnath Sharma vs The State Of Maharashtra And Anr
2021 Latest Caselaw 6621 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                    CRIMINAL WRIT PETITION NO. 1715 OF 2021

Sunil Mukhnath Sharma
Age- 48 years, Occ: Nil
R/o. Ajjan Fatima Chawl, Room
No. 3, Near Modern Laboratory
Asalfa Village, Ghatkopar (w),
Mumbai-400 084.
At Presently lodged in Nashik Road,
Central Prison, Nashik.                                    ...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.

RESERVED ON : 20th APRIL, 2021.

PRONOUNCED ON: 22nd APRIL 2021.

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

. Rule. Rule made returnable forthwith and heard with the

consent of learned 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 05.01.2021, may kindly be quashed and set aside.

Bhagyawant Punde





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                   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-12576), is convicted for

the offences under Section 302, 149, 307, 149, 324, 449, 144, 148, 506 and

49 of IPC and Section 3 and 25 of Arms Act, for life and fine of Rs. 10000/-,

in Sessions Case No. 650 of 2012 on 24.07.2020 by the Sessions Court at

Mumbai.

4. Learned counsel appearing for the Petitioner submits that the

petitioner has undergone more than 8 years imprisonment and he is lodged

in the Nashik Road Central 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 herein was never released on parole/furlough,

till date. Therefore, learned counsel appearing for the Petitioner submits

that, merely because the Petitioner was never 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 8 th May 2020

issued by the Government of Maharashtra, Home Department. It is

submitted that the requisite official capacity to accommodate the convicts in

Bhagyawant Punde

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Nashik Central Prison is 3178 inmates. By end of March 2021, there were

2364 convicts (68- women convicts and 2243 men convicts). It is submitted

that in the Nashik Central Prison 807 more convicts can be accommodated.

In order to prevent spread of Covid-19 virus, inmates/convicts who have

been recently lodged in the said prison are kept in isolation in separate hall

and after necessary health checkup and tests, they are kept in the separate

room in the prison. There is thermal scanning and rapid antigen tests are

conducted on regular basis. In case, anybody is tested positive one separate

isolation room No. 8 is maintained for their stay and treatment.

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 the pleadings and

grounds in the petition, annexures thereto, impugned order/letter of

understanding and also report received from the Superintendent of Nashik

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

the prison authority, it clearly appears on record that the 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 a reason given is that, the Petitioner herein was never

released on furlough/parole, in past.

Bhagyawant Punde





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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 similar issue and a view is taken in the said case that

merely because the petitioner was not released twice 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 05.01.2021 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, 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.)


Bhagyawant Punde