Bombay High Court
Arif S/O Shehzad Qureshi vs The State Of Maharashtra And Ors on 27 April, 2021
Bench: S.S. Shinde, Manish Pitale
1/5 WP-1713-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1713 OF 2021
Arif S/o Shehzad Qureshi
Age- 22 years, Occ- Prisoner
Convict No.- C-12580,
At present lodged in
Central Prison, Nashik Road, Nashik,
R/o Flat No. 03, Shivai Society,
Akash Petrol Pump, Sawarkar Garden,
Dindori Road, MERI, Mharsul,
Nashik. ...PETITIONER
Versus
1] The State of Maharashtra
Through its Principal Secretary,
Home Department,
Mantralaya, Mumbai-32.
2] The Divisional Commissioner
Nashik Division, Nashik,
Office at Commissioner office,
Nashik Road, Nashik.
3] The Deputy Inspector General
of Police (Prison), Central division,
Central Prison, Harsul,
Aurangabad.
4] The Superintendent of Prison
Central Prison, Nashik Road,
Nashik. ...RESPONDENTS
...
Mr. M.M. Chaudhari for Petitioner.
Mr. Deepak Thakre, PP a/w. Mr. J P Yagnik, APP for State.
...
CORAM : S. S. SHINDE &
MANISH PITALE, JJ.
RESERVED ON : 22nd APRIL, 2021.
PRONOUNCED ON: 27th APRIL, 2021.
Bhagyawant Punde
2/5 WP-1713-2021.doc
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:
B) To quash and set-aside the impugn order
thereby refusing to release the petitioner on
emergency parole leave.
3. The Petitioner herein (Convict No. C-12580), is convicted
for the offences under Section 302, 149, 324, 143, 147, 184 of IPC
for life and fine of Rs. 7200/-, in Sessions Case No. 141 of 2018 on
10.11.2020 by the Sessions Court at Nashik
4. Learned counsel appearing for the Petitioner submits
that the petitioner has undergone more than 3 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.
Bhagyawant Punde
3/5 WP-1713-2021.doc
5. Learned PP 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 requisite official capacity
to accommodate the convicts in Nashik Central Prison is 3178
inmates. By end of March 2021, there were 2436 convicts (72-
women convicts and 2364 men convicts). It is submitted that in the
Nashik Central Prison 682 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 PP, we
have perused the pleadings and grounds in the petition, annexures
thereto, impugned order/letter of understanding and also report
Bhagyawant Punde
4/5 WP-1713-2021.doc
received from the Superintendent of Nashik Central Prison, Nashik.
Upon careful perusal of the impugned order we find that the prayer
of the petitioner to release him on emergency Covid-19 parole has
been rejected on the ground that there are proper arrangements
made in the jail to prevent spread of Covide-19 virus and secondly
the petitioner was never released earlier on parole/furlough, till
date.
7. In the recent past Covid-19 virus is spreading very fast
and therefore, we deem it appropriate to direct the respondent
authorities to reconsider the prayer of the petitioner to released him
on emergency Covid-19 parole.
8. In our opinion, merely because the petitioner was not
released earlier on furlough/parole 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 therein was not released twice in the
past on parole/furlough cannot be a ground for rejecting the
application on the ground of emergency parole.
Bhagyawant Punde
5/5 WP-1713-2021.doc
9. In that view of the matter, the writ petition is partly
allowed. The impugned order dated 19.03.2021 passed by
Respondent No. 4, 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.
10. Rule is partly made absolute to above extent. The writ
petition stands disposed of accordingly.
( MANISH PITALE, J.) (S. S. SHINDE, J.)
Bhagyawant Punde
