Bombay High Court
Shashikala W/O Khemsingh Kshetri vs The State Of Maharashtra on 16 February, 2021
Bench: S.S. Shinde, Manish Pitale
Digitally signed
Laxmikant by Laxmikant G.
G. Chandan
Date: 2021.02.16
Chandan 11:31:28 +0530
cri.wp-552.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.552 OF 2021
Shashikala w/o Khemsingh Kshetri ]
(husband of Petitioner Khemsingh ]
s/o Dhansingh Kshetri) ]
Confined at Central Jail Yerwada as ]
Convict No.17464) ]
Age : 39 years, Occ : Housewife ]
R/o : Mahatmaphule Nagar, Near Ravana ]
Industries, Bhosari, Pune ]..... Petitioner.
Versus
State of Maharashtra ]
Through Superintendent ]
Yerwada Central Prison, Pune ]..... Respondents.
Mr. Rupesh Jaiswal for the Petitioner.
Mjr. J P Yagnik, APP for the Respondent/State.
CORAM : S. S. SHINDE,
MANISH PITALE, JJ
Reserved on : 11th FEBRUARY 2021
Pronounced on: 16th FEBRUARY 2021
JUDGMENT : (PER S S SHINDE, J)
1 Rule. Rule made returnable forthwith and heard finally with the
consent of the learned counsel for the parties.
2 By this Writ Petition the Petitioner seeks the following substantial
reliefs :-
"(B) By Writ of Mandamus or any other appropriate writ,
order or directions in the like nature to quash and set
lgc 1 of 5
cri.wp-552.21.odt
aside the orer of Respondent dated 12.11.2020 (Exhibit-
A) and further direct the respondent to release the
Petitioner's husband (Khemsingh S/o Dhansingh Kshetri,
Confined at Central Jail Yerwada as Convict No.17464)
on Emergency Parole Leave.
3 The present Writ Petition is filed by the wife of accused, who has
been convicted by the learned Sessions Judge, Pune for the offences punishable
under Section 302 of the Indian Penal Code and sentenced to suffer
punishment of life imprisonment. The Petitioner's husband is presently
confined in Central Jail, Yerwada, Pune. By this Petition the Petitioner is
seeking directions to the Respondent to release her husband on emergency
parole leave.
4 The learned counsel appearing for the Petitioner submits that the
Petitioner's husband had applied for emergency Covid-19 parole leave, but the
said application of the Petitioner's husband for emergency Covid-19 parole
leave has been rejected by the Respondent on the ground that the convict is
released only once on furlough leave and therfore he is not entitled for
emergency Covid-19 parole leave. The said order dated 12/11/2020 is under
challenge in the present Writ Petition by the Petitioner. It is submitted that the
husband of Petitioner is seeking emergency parole on the ground of pandemic
Covid 19, and in view of notification dated 08/05/2020 issued by the
Government of Maharashtra, the husband of Petitioner is entitled for
lgc 2 of 5
cri.wp-552.21.odt
emergency Covid-19 Parole. It is submitted that the husband of Petitioner has
been convicted under Section 302 of the Indian penal Court and he has been
sentenced for life imprisonment.
5 Mr. Rupesh Jaiswal, the learned counsel appearing for the
Petitioner relied upon the Division Bench Judgments of this Court in Kavita w/
o Dilip Baviskar v/s. The State of Maharashtera in Criminal Writ Petition
No.571 of 2020 and Kalyan s/o Bansindharrao Renge v/s The State of
Maharashtra and another in Criminal Writ Petition No.ASDB-LDVC-265 of
2020 in support of his contention that the ground stated in the impugned order
was wholly unsustainable. He invites our attention to the impugned order
passed by the Respondent-authority and submits that the application has been
rejected by the said jail authority relying upon the Government Notification
dated 08/05/2020 that the convicts, who have been convicted for the offences
which are punishable for more than 7 years and released twice on parole and
such convicts reported back in time on such release, are entitled for emergency
parole. It was therefore submitted that the Writ Petition deserves to be
allowed.
6 On the other hand J P Yagnik, the learned APP appearing for the
Respondent/State vehemently opposed the prayer of the Petitioner. He submits
that now the situation in Yerwada Cetnral Prison has changed substantially. It
lgc 3 of 5
cri.wp-552.21.odt
was submitted that the number of inmates in the said prison are less than the
capacity. It was further submitted that there is no crowd in the said jail and
that the authorities have sufficient infrastructure now to immediately take care
of any inmate or staff, who may suffer from Covid-19 virus. He therefore
submits that the Respondent-authority has rightly rejected the application of
the Petitioner's husband for releasing him on emergency Covid-19 parole. On
this basis, it was submitted that the convict i.e. the husband of the Petitioner
could be permitted to apply afresh for grant of emergency Covid-19 parole
leave.
7 We have given our due consideration to the rival submissions of
the learned counsel appearing for the parties. With their able assistance we
have perused the pleadings, grounds taken in the Petition and annexures
thereto, as also we have perused the record forwarded by the Respondent to
the office of the Public Prosecutor of this Court. The facts and figures stated
therein indicate that in pursuance of release of number of inmates due to
Covide-19 pandemic, now situation in the Yerwada Central Prison, Pune have
changed substantially. There can be no doubt about the fact that the Petitioner
is justified in relying upon the aforesaid judgments of this Court to claim that
the reason assigned in the impugned order is unsustainable. We are in
agreement with the said contention raised on behalf of the Petitioner and find
that the impugned order cannot be sustained.
lgc 4 of 5
cri.wp-552.21.odt
8 But at the same time, the fact situation on ground as on today,
cannot be ignored and, therefore, there is substance in the contention raised on
behalf of the learned APP that the request of the Petitioner for grant of
emergency Covid-19 parole leave to her husband needs to be considered
afresh.
9 In that view of the matter, the Writ Petition is partly allowed. The
impugned order is quashed and set aside. The convict i.e. the husband of the
Petitioner is granted liberty to apply afresh for grant of emergency Covid-19
parole leave 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 a period of two weeks from the date of filing of
such application in accordance with the Prisons (Bombay Furlough and Parole)
Rules, 1959 and keeping view the factors like the extent of spread of Covid-19
virus and conditions in jail.
10 Rule is made absolute to the above extent. The writ petition stands
disposed of accordingly.
[MANISH PITALE, J] [S. S. SHINDE , J]
lgc 5 of 5
