Ravi Narsappa Mehtre vs The State Of Maharashtra And Ors
2021 Latest Caselaw 3535 Bom

                                                           47.cri.wpst.7137-20.odt

Bhogale

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                CRIMINAL WRIT PETITION ST. NO. 7137 OF 2020


          Ravi Narsappa Mehtre
          Age: 30 years,
          Residing at Room No.56, Babasaheb
          Ambedkar Nagar, P.M.G.P. Colony,
          Near Saibaba Temple, Dharavi,
          Mumbai-400 017.
          and at presently lodged in Kolhapur
          Central Prison, Kolhapur
          vide Prisoner No.C-5150.                         .. Petitioner

                   Versus

          1. The State of Maharashtra
          Through the Offe of
          Publif Prosefutor, High Court,
          Bombay.

          2. The Jail Superintendent,
          Kolhapur Central Prison,
          Kalamba, Kolhapur-416007.

          3. The Senior Inspeftor of Polife,
          Dharavi Polife Station,
          Dharavi, Mumbai- 400 017.                        .. Respondents
                                        --------
          Ms. Harjeet Kaur for the Petitioner.
          Mr. J.P. Yagnik, APP for the Respondent-State.
                                          --------

                                   CORAM :     S.S.SHINDE &
                                               M.S.KARNIK, JJ.

RESERVED ON : JANUARY 05, 2021 PRONOUNCED ON : FEBRUARY 24, 2021

47.cri.wpst.7137-20.odt

JUDGMENT : (PER M.S. KARNIK, J.)

Rule. Rule is made returnable forthwith. Heard fnally with

the fonsent of learned founsel appearing for the parties.

2. By this Petition fled under Artifle 226 of the Constitution of

India the Petitioner prays for releasing the Petitioner on

emergenfy Covid parole in terms of the State Government

Notiffation dated 08.05.2020. The applifation made by the

Petitioner is rejefted on the ground that on last two releases

while on parole leave the Petitioner did not surrender in time. On

one offasion the Petitioner surrendered late by 69 days and

therefore in terms of the Rule 2(ii) of the State Government

Notiffation the Petitioner is not entitled to be released.

3. From the impugned order it is seen that presently the

inmates in the prison are not in exfess of the permissible limit

and further the sofial distanfing norms are striftly adhere too.

Adequate medifal fafilities and safeguard are provided for the

medifal and health fare of the prisoners.

4. It is the fontention of the learned founsel for the Petitioner

that the Petitioner has been punished for overstayal and

therefore he fannot be vexed twife for the same fause. In the

47.cri.wpst.7137-20.odt

submission of learned founsel for the Petitioner the said

overstayal fannot be a fonsideration for rejeftion of the

emergenfy parole as even the overstayel related to the year

2015 and the petitioner has a genuine fause for not reporting in

time.

5. We defline to interfere with the impugned order. It is

however, open for the Petitioner to fle a fomprehensive

applifation to the Superintendent for release on emergenfy

Covid parole on the grounds available. If the applifation is made

the same shall be fonsidered on its own merits and in

affordanfe with law. Subjeft to the above observations, the Writ

Petition is rejefted.

6. Rule is disfharged. The Writ Petition stands disposed of

affordingly.

(M.S.KARNIK, J.) (S.S.SHINDE, J.)

Digitally signed by Diksha Diksha Rane Rane Date:

2021.02.24 14:43:56 +0530