Sandeep Suresh Gurav vs The State Of Maharashtra And Anr
2021 Latest Caselaw 3071 Bom

Sherla V.


                                                                         wp.189.2021(R).doc
           Digitally
           signed by
           Vishwanath      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Vishwanath S. Sherla
S. Sherla  Date:                     CRIMINAL APPELLATE SIDE
           2021.02.16
           19:51:32
           +0530
                               CRIMINAL WRIT PETITION NO.189 OF 2021

                    Sandeep Suresh Gurav                                  ... Petitioner
                               Vs.
                    State of Maharashtra & another                    ... Respondents



                   Mr.Aniket Vagal for the Petitioner

                   Mr.Deepak Thakare, Public Prosecutor, for Respondent - State


                                            CORAM: S.S. SHINDE &
                                                   MANISH PITALE, JJ.

                         JUDGMENT RESERVED ON: FEBRUARY 11, 2021
                        JUDGMENT DELIVERED ON: FEBRUARY 16, 2021


                   JUDGMENT (PER S.S. SHINDE, J.):

1. Rule. Rule made returnable forthwith with the consent of the

learned Counsel appearing for the parties and heard finally.

2. The Petitioner had applied for grant of emergency Covid-19

parole for 45 days in view of the Covid-19 pandemic and the

amendment in the Prisons (Bombay Furlough and Parole) Rules,

1959. However, his application was rejected vide order dated 11 th

August, 2020 passed by Respondent No.2 - Superintendent of

wp.189.2021(R).doc

Jail, Nashik Road Central Prison, District Nashik, on the ground

that the petitioner, in the past, during his stay in the jail, was

released on 29.5.20214, however, he returned to jail after a delay

of 483 days. He was required to be arrested and brought to jail.

The petitioner is a convict undergoing sentence of life

imprisonment. The petitioner has been in jail since last 10 years.

3. Mr.Vagal, learned Counsel appearing for the petitioner,

relied upon the judgments of this Court in Kalyan s/o.

Bansidharrao Renge vs. The State of Maharashtra & another

(Criminal Writ Petition No.ASDB-LDVC-265 of 2020) and Uzair

@ Hujer s/o. Rafiq Shaikh vs. The State of Maharashtra &

Others (Criminal Writ Petition No.2989 of 2020) to contend that

the ground stated in the impugned order was wholly

unsustainable. It was, therefore, submitted that the Writ Petition

deserves to be allowed.

4. On the other hand, the learned Public Prosecutor appearing

for the State, opposed the petition for grant of emergency Covid-

19 parole. It was submitted that now the situation in the Nashik

Road Central Prison, Nashik, has changed substantially. It was

submitted that there is no crowd in the jail and that the authorities

wp.189.2021(R).doc

have sufficient infrastructure now to immediately take care of any

inmate or staff, who may suffer from Covid-19 virus.

5. We have perused the record forwarded by the respondents

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 Covid-19 pandemic, now the situation in

the Nashik Road Central Prison, Nashik has changed substantially.

However, considering the fact that the petitioner, who was

released once in the past i.e., on 29.5.2014, had returned to jail

after a delay of 480 days after being arrested and brought in by the

police, we are not inclined to allow this petition.

6. In view of the above, the Writ Petition is rejected. Rule is

discharged.

     (MANISH PITALE, J.)                              (S.S. SHINDE, J.)