Bombay High Court
Pushpendrasing Nandlal Pawar ... vs The State Of Maharashtra And ... on 19 January, 2021
Bench: T.V. Nalawade, M. G. Sewlikar
1 common judgments
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 18 OF 2021
Mohamad Aslam S/o Amin Sheikh,
C-8611, Age : Major, Occ. Nil,
R/o. At present Harsul Prison,
Tq. & Dist. Aurangabad ...PETITIONER
VERSUS
1] The State of Maharashtra
Through, its Home Department,
State of Maharashtra, Mantralaya Mumbai
2] The Superintendent
of the Central Jail, Harsool,
Tq. and Dist. Aurangabad. ....RESPONDENTS
...
Advocate for the Petitioner : Mrs. S. P. Chate
A.P.P for Respondent-State : Mrs. V. N. Patil- Jadhav
...
AND
CRIMINAL WRIT PETITION NO. 19 OF 2021
Manik Dhondiba Jogdand, C-9271
Age - Major , Occ-Nill
::: Uploaded on - 20/01/2021 ::: Downloaded on - 08/02/2021 06:50:43 :::
2 common judgments
Aurangabad Central Prison, Aurangabad,
Tq. & Dist.Aurangabad. ...PETITIONER
VERSUS
1] The State of Maharashtra,
Through, its Home Department,
State of Maharashtra, Mantralaya Mumbai
2] The Superintendent,
of the Central Prison, Harsool,
Tq. and Dist. Aurangabad. ....RESPONDENTS
Advocate for the Petitioner : Mrs. S. P. Chate
A.P.P for Respondent-State : Mr. M.M. Nerlikar
....
AND
CRIMINAL WRIT PETITION NO. 23 OF 2021
Ramesh S/o Babu Balwad, C-5101
Age - Major, Occ-Nill,
At present Paithan Open District
Prison, Dist. Aurangabad. .. PETITIONER
VERSUS
1] The State of Maharashtra
::: Uploaded on - 20/01/2021 ::: Downloaded on - 08/02/2021 06:50:43 :::
3 common judgments
Through, its Home Department,
Mantralaya Mumbai
2] The Superintendent,
of the open Prison at Paithan
Dist. Aurangabad. ....RESPONDENTS
Advocate for the Petitioner : Mrs. Sharda P. Chate
A.P.P for Respondent- State : Mr. M.M. Nerlikar
AND
CRIMINAL WRIT PETITION NO. 25 OF 2021
Pushpendrasing S/o Nandlal Pawar, C-5280
Age - Major, Occ-Nill, 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 at Paithan
Dist. Aurangabad. ....RESPONDENTS
::: Uploaded on - 20/01/2021 ::: Downloaded on - 08/02/2021 06:50:43 :::
4 common judgments
....
Advocate for the Petitioner : Mrs. S. P. Chate
A.P.P for Respondent -State : Mr. R. B. Bagul
.....
AND
CRIMINAL WRIT PETITION NO. 29 OF 2021
Shaukatali S/o Moh. Husen, C-4960,
Age : Major, Occ. Nil,
At present Harsul Prison,
Aurangabad, ...PETITIONER
VERSUS
1. The State of Maharashtra,
Through its Home Department,
Mantralaya, Mumbai.
2. The Superintendent,
of the Open Prison at Paithan
Dist. Aurangabad. ..RESPONDENTS
....
Advocate for the Petitioner : Mrs. S. P. Chate
A.P.P for Respondent- State : Mr. M.M. Nerlikar
....
AND
::: Uploaded on - 20/01/2021 ::: Downloaded on - 08/02/2021 06:50:43 :::
5 common judgments
CRIMINAL WRIT PETITION NO. 30 OF 2021
Vitthal S/o Kaddappa Madje, C-8831
Age - Major, Occ-Nill, 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 Central Jail, Harsool,
Dist. :- Aurangabad. ....RESPONDENTS
....
Advocate for the petitioner : Mrs. S.P. Chate
A.P.P for Respondent-State : Mr. S. J. Salgare
....
AND
CRIMINAL WRIT PETITION NO. 31 OF 2021
Murli S/o Bhaurao Madje, C-8829
Age - Major, Occ-Nill, R/o : At present
Harsul Prison Tq.& Dist. Aurangabad. ...PETITIONER
VERSUS
::: Uploaded on - 20/01/2021 ::: Downloaded on - 08/02/2021 06:50:43 :::
6 common judgments
1] The State of Maharashtra,
Through its Home Department,
Mantralaya Mumbai
2] The Superintendent,
of the Central Jail Harsool,
Dist. Aurangabad. ....RESPONDENTS
....
Advocate for the Petitioner : Mrs. Chate Sharda P.
Advocate for Respondent-State : Mr. B. V. Virdhe
....
CORAM : T.V. NALAWADE &
M.G. SEWLIKAR, JJ.
DATE : 19th January, 2021
ORAL JUDGMENT : (Per : T.V. NALAWADE, J.)
1. Rule. Rule made returnable forthwith. By consent,
heard both the sides for fnal disposal.
2. All these matters are fled to challenge the orders
made by the respondents of rejection of the applications given
for emergency parole, which is permissible under the
::: Uploaded on - 20/01/2021 ::: Downloaded on - 08/02/2021 06:50:43 :::
7 common judgments
Government Notifcation dated 8th May 2020. The relief is
refused by giving reason that they either had not availed parole
or furlough on any occasion in the past or they had availed
either parole or furlough only on one occasion but not on two
occasions.
3. In Criminal Writ Petition No. 23 of 2021 there is other
ground that the petitioner is a permanent resident of other
State like Karnataka.
4. In the initial notifcation dated 08.05.2020, there was
condition that the prisoner should be permanent resident of this
State. By new notifcation the Government has removed that
condition and the prisoners who are permanent resident of
other States but who is lodged in the jail of the Maharashtra
can get beneft of the Government notifcation dated
08.05.2020. So on that ground emergency parole which is
available under notifcation dated 08.05.2020 cannot be
refused.
5. This Court had occasion to consider the other
::: Uploaded on - 20/01/2021 ::: Downloaded on - 08/02/2021 06:50:43 :::
8 common judgments
conditions like the prisoner ought to have availed either
furlough or parole in the past and he ought to have returned to
jail in time on last two occasions is considered and interpreted
by this Court. This Court has held that if the prisoner was
otherwise eligible to get emergency parole and he had
completed three years of jail term, the emergency parole
cannot be refused to him on the ground that he had not availed
furlough or parole on the relevant date.
6. In view of this interpretation made by this Court of the
Government notifcation dated 08.05.2020, this Court holds the
other reason given by the respondents is not tenable in law. In
the result following order :-
ORDER
I. All the petitions are allowed.
II. The orders of rejection of emergency parole made
by the respondents are hereby quashed and set
aside.
IV. The applications, which are fled by the petitioners
for emergency parole under the Government
Notifcation dated 8th May 2020, are hereby allowed.
9 common judgments
V. These petitioners are to be released on emergency
parole under aforesaid Government notifcation
dated 08.05.2020 on usual terms and conditions
within seven days from today.
VI. Rule is made absolute in those terms.
Authenticated copy is allowed.
( M.G. SEWLIKAR ) ( T.V. NALAWADE )
JUDGE JUDGE
Y.S. Kulkarni
