Devidas Bhimrao Borase vs The State Of Maharashtra And Anr
2021 Latest Caselaw 3072 Bom

Sherla V.


                                                                            wp.192.2021(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
           19:51:33
           +0530
                               CRIMINAL WRIT PETITION NO.192 OF 2021

                    Devidas Bhimrao Borase                                   ... 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 4 th

June, 2020 passed by Respondent No.2 - Superintendent of Jail,

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

petitioner, in the past, during his stay in the jail, had not availed of

parole or fulough leave even once. The petitioner is a convict

wp.192.2021(R).doc

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 the petitioner was released once

on 4.2.2016, however, he had to be arrested and brought to jail

after a delay of 158 days. Further, it was submitted that now the

situation in Nashik Road Central Prison, District Nashik, has

changed substantially. It was submitted that the number of

inmates in the said prison are less than the capacity. It was

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

wp.192.2021(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, District Nashik, has 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. However, considering the fact that the petitioner

was released once on 4.2.2016 and he had to be arrested and

brought to jail after a delay of 158 days, we are not inclined to

grant his prayer for release on emergency Covid-19 parole.

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

7. Rule is discharged and the Writ Petition stands disposed of

accordingly.

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