Bhau Shyamrao Jogdand vs The State Of Maharashtra And Ors
2021 Latest Caselaw 6632 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION

                    CRIMINAL WRIT PETITION NO. 1722 OF 2021

Bhau Shyamrao Jodgand
Age- 50 years, Occ: Nil
R/o. Yerwada Open District
Central Prison Pune at Pune.
At Presently lodged in
Yerwada Open District Prison
District: Pune.                                           ...PETITIONER

         Versus

1.       The State of Maharashtra

2.       The Superintendent of Jail
         Yerwada Open District Prison                     ...RESPONDENTS
                                                ...
Mr. Aniket Vagal for the Petitioner.
Mr. S.R. 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 15.03.2021, 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-867), is convicted for the

offence under Section 302 of IPC for life in Sessions Case No. 714 of 2013,

on 31.12.2015 by the Sessions Court, Pune.

4. Learned counsel appearing for the Petitioner submits that the

petitioner has undergone more than 8 years 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 herein was never released on parole/furlough, till date.

Therefore, 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 8 th May 2020

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

submitted that the inmates are less in number as compared to the total

Bhagyawant Punde

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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 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 not released on furlough or parole,

till date. The another reason is given is that inmate who is convicted for the

economical offences and under Special Act is not eligible for emergency

(Covid-19) parole.

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 15.03.2021 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