Bombay High Court
Avinash @ Suraj S/O. Ashok Singh vs The State Of Maharashtra on 18 August, 2021
Bench: S.S. Shinde, N. J. Jamadar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2427 OF 2021
Avinash @ Suraj S/o Ashok Singh ...Petitioner
Versus
The State of Maharashtra ...Respondent
...
Mr. Rupesh Jaiswal for Petitioner.
Mrs. S.D. Shinde, APP for State.
...
CORAM : S. S. SHINDE &
N. J. JAMADAR, JJ.
DATE : 18th AUGUST, 2021.
ORAL JUDGMENT [PER S.S. SHINDE, J.]:
1. Rule. Rule made returnable forthwith and heard with the consent
of learned counsel for the parties.
2. The limited grievance raised in the present petition is that the
petitioner was released on Covid-19 emergency parole, however, the petitioner
was asked to surrender after completion of 45 days. Accordingly, the petitioner
surrendered before the jail authority.
3. It is the contention of learned counsel appearing for the
petitioner that notification dated 08.05.2020 provides that the initial period
Bhagyawant Punde
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of 45 days shall stand extended periodically in block of 30 days each, till such
time that the said Notifixcation is in force and the convicted prisoners shall
report to the concerned police station within whose jurisdiction they are
residing, once in every 30 days. However, the respondent-authority contrary
to the said notification asked the petitioner to surrender.
4. Learned APP appearing for Respondent submits that let the
petitioner apply afresh for releasing him on Covid-19 emergency parole.
5. Upon appreciating the rival contentions and admitted position
that once the convict is released on Covid-19 emergency parole for initial
period of 45 days, the said period shall stand extended periodically in block of
30 days each, till such time that the said Notification is in force. However, the
the convicted prisoner shall report to the concerned police station within
whose jurisdiction they are residing, once in every 30 days, we are of the
opinion that, the petition deserves to be allowed. Accordingly, the writ
petition is allowed in terms of prayer clause (B), which reads as under:-
(B) By Writ Of Mandamus or any other
appropriate writ, order or directions in the
like nature to quash and set aside the order
of Respondent dated 03.06.2021 to the
extent of directing petitioner to surrender
after period of 45 days. (Exhibit-C) and
further direct the respondent to extend the
Petitioner on Emergency COVID Parole
Bhagyawant Punde
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Leave as per Government Notification
dated 8.5.2020 and as per the Full Bench
Judgment of this Hon'ble Court in case of
Nagnath Mane Vs State of Maharashtra.
6. Rule made absolute to above extent. The writ petition stands
disposed of.
7. We direct the respondent to release the petitioner, however, on
executing fresh bond and adhering to the usual procedure as required under
the relevant rules.
8. Parties to act upon an authenticated copy of this order.
( N. J. JAMADAR, J.) (S. S. SHINDE, J.)
Bhagyawant Punde
