Bombay High Court
Kushal @ Akash Dattatray Prabhu vs The State Of Maharashtra on 23 February, 2021
Bench: S.S. Shinde, Manish Pitale
Digitally
signed by 1/3 CRWP-184-2021.doc
Vishwanath
Vishwanath S. Sherla
S. Sherla Date:
2021.02.23 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
12:01:07 CRIMINAL APPELLATE JURISDICTION
+0530
CRIMINAL WRIT PETITION NO. 184 OF 2021
Kushal @ Akash Dattatray Prabhu
Age- 22 years, Occupation- Nil,
residing at Flat No. 12, Subharamabh,
Society, General Arun Kumar Vaidya
Nagar, Dwarka, Nashik,
Originally R/o. Mangli Wada,
Tal. Javhar, Dist. Palghar.
[Presently lodged in Nasik Central
Prison Nashik] ...PETITIONER
Versus
The State of Maharashtra
Through P.I.,
Sarkarwada Police Station, Nashik. ...RESPONDENT
...
Mrs. Anjali Navle a/w. Murtuza Nazmi and Namrata Pandit for petitioner.
Mrs. S.D. Shinde, APP for Respondent-State.
...
CORAM : S. S. SHINDE &
MANISH PITALE, JJ.
RESERVED ON : 18th FEBRUARY, 2021.
PRONOUNCED ON: 23rd FEBRUARY, 2021.
JUDGMENT [PER S. S. SHINDE, J.]:
. Rule. Rule made returnable forthwith and heard with the consent
of learned counsel appearing for the parties.
2. This petition is filed with following prayers:-
Bhagyawant Punde
2/3 CRWP-184-2021.doc
B) This Hon'ble Court may be pleased to allow
petitioner to be released on emergency parole leave for a
period of 45 days;
E) This Hon'ble Court be pleased to set aside order
dated 18/09/2020 rejecting parole application by the
Superintendent of Nasik Central Jail.
3. The petitioner herein was arrested on 18.10.2015 for the
offences punishable under Section 302, 201, 304-A, 364 A read with 384 read
with 34 of Indian Penal Code. Since his arrest he is in jail and it appears that
he was not released at any time on parole or furlough as the case may be. The
Petitioner filed application for emergency parole on 07.09.2020, the said
application was rejected on 18.09.2020. The ground given for rejection of
said application is that the petitioner was never released on parole/furlough
and therefore, the petitioner cannot be released on emergency parole.
4. In our opinion, merely because the petitioner was not released
earlier 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 was not released twice in the past on
parole/furlough cannot be a ground for rejecting the application for
emergency parole.
Bhagyawant Punde
3/3 CRWP-184-2021.doc
5. In that view of the matter, the writ petition is partly allowed. The
impugned order dated 19.09.2020 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 two 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.
6. Rule is partly made absolute to above extent. The writ petition
stands disposed of accordingly.
( MANISH PITALE, J.) (S. S. SHINDE, J.)
Bhagyawant Punde
