Bombay High Court
Sunil S/O Omprakash Boatt C-5287 vs The State Of Maharashtra And ... on 18 January, 2021
Bench: T.V. Nalawade, M. G. Sewlikar
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1694 OF 2020
Sunil s/o Omprakash Boatt C-5287
age major, occ. Nil
r/o At present Harsul Prison
Tq. & Dist. Aurangabad. Petitioner
Versus
1. The State of Maharashtra
Through its Home Department
Mantralaya, Mumbai.
2. The Superintendent
of the Open Prison
Dist. Aurangabad. Respondents
Mrs.S.P. Chate, Advocate for petitioner.
Mr. B.V. Virdhe, APP for both respondents.
WITH
CRIMINAL WRIT PETITION NO. 1702 OF 2020
Riyaz s/o Bashumiyan Shaikh
C-8749, Occ. Nil
r/o at present in Harsul Jail
Aurangabad. Petitioner
Versus
1. The State of Maharashtra
2. The Superintendent of Jail
Harsul Jail, Aurangabad Respondents
Mr. Sohail Subhedar, Advocate holding for Mr. N.S. Ghanekar,
Advocate for petitioner.
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Mr. R.B Bagul, APP for both respondents.
WITH
CRIMINAL WRIT PETITION NO. 1710 OF 2020
Rajkumar s/o Omprakash Jailswal C-5312
age major, occ. Nil
r/o at present Harsul Prison
Tq. Dist. Aurangabad. Petitioner
Versus
1. The State of Maharashtra
Through its Home Department
Mantralaya, Mumbai.
2. The Superintendent
of the Open Prison
Dist. Aurangabad. Respondents
Mrs.S.P. Chate, Advocate for petitioner.
Mr. A.V. Deshmukh, APP for both respondents.
WITH
CRIMINAL WRIT PETITION NO. 1727 OF 2020
Hanumant s/o Chandrakant Pawar C-5277
Age major, occ. Nil
r/o at present Harsul Prison
Tq. Dist. Aurangabad. Petitioner
Versus
1. The State of Maharashtra
Through its Home Department
Mantralaya, Mumbai.
2. The Superintendent
of the Open Prison
Dist. Aurangabad. Respondents
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Mrs.S.P. Chate, Advocate for petitioner.
Mrs. V.N. Patil Jadhav, APP for both respondents.
WITH
CRIMINAL WRIT PETITION NO. 1728 OF 2020
Moh. s/o Shafk Quadri Moh. Raffk Quadri
C-9206, Age major, occ. Nil
r/o at present Harsul prison
Tq. & Dist. Aurangabad. Petitioner
Versus
1. The State of Maharashtra
Through its Home Department
Mantralaya, Mumbai.
2. The Superintendent
of the Open Prison
Dist. Aurangabad. Respondents
Mrs.S.P. Chate, Advocate for petitioner.
Mr. G.O.Wattamwar, APP for both respondents.
WITH
CRIMINAL WRIT PETITION NO. 1729 OF 2020
Sanjay Pandurang Gaikwad C-8923
age major, occ. Nil
r/o at present Harsul Prison
Tq. & Dist. Aurangabad. Petitioner
Versus
1. The State of Maharashtra
Through its Home Department
Mantralaya, Mumbai.
2. The Superintendent
of the Open Prison
Dist. Aurangabad. Respondents
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Mrs.S.P. Chate, Advocate for petitioner.
Mr. A.V. Deshmukh, APP for both respondents.
WITH
CRIMINAL WRIT PETITION NO. 7 OF 2021
Sambhaji s/o Maroti Sakhre
age 41 years, occ. Nil
Convict accused No. C08926
r/o At present is confned in
Central Prison Aurangabad. Petitioner
Versus
The State of Maharashtra
Through Jail Superintendent
Central Prison, Aurangabad. Respondent
Mr. M.P. Kale, Advocate for petitioner.
Mr. A.V. Deshmukh , APP for respondent.
CORAM : T.V. Nalawade &
M.G. Sewlikar, JJ.
DATE : 18th January, 2021.
JUDGMENT : ( Per T.V. Nalawade, J.)
1. Rule. Rule made returnable forthwith.
2. By consent, heard both the sides for fnal disposal.
3. All the proceedings are fled to challenge the orders made
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by respondent by which emergency parole which is permissible under
Government Notifcation dated 08.05.2020 is refused to the
petitioners-prisoners. In some proceedings ground given for rejection
is that the prisoner has not availed either furlough or parole on any
occasion in the past and in some proceedings reason is given that the
prisoner had availed either parole or furlough only on one occasion.
There is condition in Government Notifcation dated 08.05.2020 that
the prisoner ought to have availed furlough or parole in the past and,
on last two occasions, he ought to have returned to jail on his own in
time.
4. This Court has interpreted this condition in Government
Notifcation dated 08.05.2020 in many matters including Criminal
Writ Petition No. 571/2020 Kavita w/o Dilip Baviskar Vs. State of
Maharashtra decided on 30.06.2020 and held that the condition is
just to ensure that the prisoner will return to jail in time after parole
period is over. This Court has held that if the prisoner was
otherwise eligible to get emergency parole, it cannot be refused to him
on the ground that he had not availed furlough or parole in the past
as per the aforesaid notifcation.
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5. In the present matter, particulars of each of the prisoners
are given by learned APP to show that they had completed jail term of
atleast three years on the relevant date. Thus, they were eligible for
consideration as there is no other ground for rejection. In view of
these circumstances, this Court holds that the orders made against
the petitioners cannot sustain in law.
6. In the result, all the petitions are allowed. Orders made
against petitioners rejecting emergency parole are hereby quashed
and set aside. Applications which were fled by the petitioners for
emergency parole under Government Notifcation dated 08.05.2020
stand allowed. All the petitioners be released on emergency parole
under Government Notifcation dated 08.05.2020 within seven days
from today on usual terms and conditions. Rule made absolute in all
the petitions.
( M. G. SEWLIKAR ) ( T.V. NALAWADE )
Judge Judge
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