Mahavir Raghunathrao Hulungare vs The State Of Maharashtra And Anr
2021 Latest Caselaw 3436 Bom

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           Vishwanath
Vishwanath S. Sherla
S. Sherla  Date:
           2021.02.23 IN        THE HIGH COURT OF JUDICATURE AT BOMBAY
           12:01:05                CRIMINAL APPELLATE JURISDICTION
           +0530

                                 CRIMINAL WRIT PETITION NO. 768 OF 2021


             Mahavir Raghunath Hulungare
             Age 55 years R/O Mane Chawl
             Durgah Road, Khindipada Road,
             Bhandup (W), Mumbai                                    ...PETITIONER

                      Versus

             1.       The State of Maharashtra

             2.       The Superintendent of Jail
                      Nashik Road Central Prison                    ...RESPONDENTS
                                                        ...
             Mr. Aniket Vagal for the Petitioner.
             Mrs. S.D. Shinde, APP for 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. The Petitioner has filed the present petition for the following

substantial reliefs:

a) Order of Respondent No. 2 passed on 19.09.2020, may kindly be quashed and set aside.

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b) The Petitioner may kindly be released on Emergency Parole for the Period of 45 days on any terms and condition as this Hon'ble Court may deem fit and proper.

3. Learned counsel appearing for the Petitioner submits that, the

petitioner was released once and he was returned in jail in time. It is

submitted that the petitioner is in jail for more than 8 years and therefore, he

is entitled to be released on emergency parole.

4. On the other hand, learned APP appearing for Respondent-State

opposed the petition for grant of emergency Covid-19 parole. It was

submitted that the Petitioner is a life convict and therefore he is not entitled

to be released on emergency parole leave.

5. We have perused the record forwarded by the respondents to the

office of Public Prosecutor of this Court. The Petitioner was released once in

the past on parole/furlough, and he was returned in jail in time. In our

opinion, merely the petitioner was released once cannot be a ground for

rejecting the application of the petitioner for emergency parole.

6. In that view of the matter, the writ petition is partly allowed. The

impugned order is quashed and set aside. The petitioner is granted liberty to

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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

Prisons (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.

7. Rule is partly made absolute to above extent. The writ petition

stands disposed of accordingly.

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




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