Ramesh Govind Madjhe (C-8607) vs The State Of Maharashtra And ...
2021 Latest Caselaw 531 Bom

                                          1                      common judgments


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               BENCH AT AURANGABAD


                  CRIMINAL WRIT PETITION NO. 1551 OF 2020


 Dulsing Hari Pawar, C-99
 Age - Major years, Occ-Nill
 R/o : Aurangabad open Prison, Aurangabad,
 Tq. & Dist.Aurangabad.                                          ...PETITIONER


 VERSUS


 1] The State of Maharashtra
 Through, Secretary, home department,
 State of Maharashtra, Mantralaya Mumbai


 2] The Superintendant
 of the open Prison, harsul,
 Tq. and Dist. Aurangabad.                                ....RESPONDENTS
                                    ...

Advocate for the Petitioner : Mr. Nirmal Ravindra A.P.P for Respondent-State : Mr. A.S.Shinde ...

AND CRIMINAL WRIT PETITION NO. 1552 OF 2020

Kundlik Jagannath Parjane, C-8838 Age - Major years, Occ-Nill

2 common judgments

R/o : Aurangabad Central Prison, Aurangabad, Tq. & Dist.Aurangabad. ...PETITIONER

VERSUS

1] The State of Maharashtra Through, Secretary, Home Department, State of Maharashtra, Mantralaya Mumbai

2] The Superintendant of the Central Prison, harsul, Tq. and Dist. Aurangabad. ....RESPONDENTS

Advocate for the Petitioner : Mr. Nirmal Ravindra A.P.P for Respondent-State : Mr. B. V. Virdhe ....

AND CRIMINAL WRIT PETITION NO. 1576 OF 2020

Santosh Hausaji Sonkamble, C-208 Age - Major, Occ-Nill, R/o at present Harsul Prison, Tq. & Dist.Aurangabad. ...PETITIONER

VERSUS

1] The State of Maharashtra Through, its Home Department,

3 common judgments

Mantralaya Mumbai

2] The Superintendant of the open Prison at Paithan Dist. Aurangabad. ....RESPONDENTS

Advocate for the Petitioner : Mrs. Sharda P. Chate A.P.P for Respondent- State : Mr. S. J. Salgare

AND CRIMINAL WRIT PETITION NO. 1578 OF 2020

Soninath s/o Dagdu Shende, C-8604 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 Superintendant of the Central Prison Harsool, Dist. Aurangabad. ....RESPONDENTS

4 common judgments

....

Advocate for the Petitioner : Mrs. S. P. Chate A.P.P for Respondent -State : Mr. B. V. Virdhe .....

AND CRIMINAL WRIT PETITION NO. 1580 OF 2020

Gangaram s/o Lachiram Rathod, Age - 65 years, Occ- Convict, R/o : Masalga Tanda (Kasarpeth), Post Devthana, Tal. Bhokar, Nanded, At present confined in Central Jail, Aurangabad, ...PETITIONER

VERSUS

The State of Maharashtra Through Superintendent Central Jail, Aurangabad ....RESPONDENT

....

Advocate for the Petitioner : Mr. R. A. Jaiswal A.P.P for Respondent- State : Mr. R.B. Bagul ....

AND CRIMINAL WRIT PETITION NO. 1603 OF 2020

Chapnya Nkulya @ Mahakulya Bhosle, C-8990

5 common judgments

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 Superintendant of the Central Prison, Harsool, Dist. :- Aurangabad. ....RESPONDENTS

....

Advocate for the petitioner : Mrs. S.P. Chate A.P.P for Respondent-State : Mr. R.B. Bagul ....

AND CRIMINAL WRIT PETITION NO. 1625 OF 2020

Kailash s/o Madhukar Pitthe, C-206 Age - Major, Occ-Nill, R/o : At present Paithan open Prison, Tq. Paithan, Dist. Aurangabad. ...PETITIONER

VERSUS

1] The State of Maharashtra

6 common judgments

Through its Home Department, Mantralaya Mumbai

2] The Superintendant of the open Prison at Paithan, Dist. Aurangabad. ....RESPONDENTS

....

Advocate for the Petitioner : Mrs. Chate Sharda P. Advocate for Respondent-State : Mr. M.M. Nerlikar ....

AND CRIMINAL WRIT PETITION NO. 1635 OF 2020

Ramesh s/o Venkaty Kadam, Convict no. 8562, Age - Major, Occ : Convict, R/o : At present confined at Central Prison Aurangabad. ...PETITIONER

VERSUS

The State of Maharashtra Through Superintendent Central Prison Aurangabad. ....RESPONDENT

....

Advocate for the Petitioner : Mr. R.A. Jaiswal

7 common judgments

A.P.P for Respondent- State : Mr. S. J. Salgare

AND CRIMINAL WRIT PETITION NO. 1643 OF 2020

Ramesh s/o Govind Madjhe Age - Major, Occ-Nil, R/o : C-8607, Harsool Jail, Aurangabad ...PETITIONER

VERSUS

1] The State of Maharashtra Through its Principal Secretary, Home Department, Mantralaya, Mumbai - 32.

2] The Deputy Inspector of Police (Prison), Central Prison, Harsool, Aurangabad District Aurangabad.

2] The Superintendent of Prison, Central Prison, Harsool, Tq. and Dist. Aurangabad. ....RESPONDENTS

Advocate for the Petitioner : Mr. M.M. Parghane A.P.P for Respondent- State : Mr. S. J. Salgare

8 common judgments

AND CRIMINAL WRIT PETITION NO. 1644 OF 2020

Rajkumar s/o Bhimrao Shitre Age - Major, Occ-Nil, R/o : C-8830, Harsool Jail, Aurangabad. ...PETITIONER ( Orig. Accused)

VERSUS

1] The State of Maharashtra Through its Principal Secretary, Home Department, Mantralaya, Mumbai - 32.

2] The Deputy Inspector of Police (Prison), Central Prison, Harsool, Aurangabad District Aurangabad.

3] The Superintendent of Prison, Central Prison, Harsool, Tq. and Dist. Aurangabad. ....RESPONDENTS

Advocate for the Petitioner : Mr. M.M. Parghane A.P.P for Respondent- State : Mr. M.M. Nerlikar

AND

9 common judgments

CRIMINAL WRIT PETITION NO. 1651 OF 2020

Mohamed Naeem Nabi Mohamed Khan C-5213 Age - Major, Occ-Nill, R/o At present Paithan open Prison, Dist. Aurangabad. ...PETITIONER

VERSUS

1] The State of Maharashtra Through its Home Department, Mantralaya Mumbai

2] The Superintendant of the open Prison at Paithan Dist. Aurangabad. ....RESPONDENTS

....

Advocate for the Petitioner : Mr. Sharda P. Chate A.P.P for Respondent- State : Mr. A.V. Deshmukh ....

AND CRIMINAL WRIT PETITION NO. 1652 OF 2020

Sanjay s/o Narayan Chaudante, Convict no. 5283, Age - 30 years, Occ-Convict, R/o At present confined

10 common judgments

at open Prison Paithan Aurangabad. ...PETITIONER

VERSUS

1] The State of Maharashtra Through Superintendent, Open Prison Paithan, Aurangabad.

2] The Superintendent, Central Jail, Nashik. ....RESPONDENTS

...

Advocate for the Petitioner : Mr. R. A. Jaiswal A.P.P for Respondent- State : Mr. M.M. Nerlikar ....

AND CRIMINAL WRIT PETITION NO. 1657 OF 2020

Sheikh Amjad Sheikh Ahmed @ Babu C-9177 Age - Major, Occ-Nill, R/o At present Paithan open Prison, Tq. Paithan, Dist. Aurangabad. ...PETITIONER

VERSUS

1] The State of Maharashtra Through its Home Department, Mantralaya Mumbai

11 common judgments

2] The Superintendent of the Open prison at Paithan Dist. Aurangabad. ....RESPONDENTS ....

Advocate for the Petitioner : Mr. Sharda P. Chate A.P.P for Respondent- State : Mr. G. O. Wattamwar ....

AND CRIMINAL WRIT PETITION NO. 1666 OF 2020

Bhagwan s/o Sakharam Bhagre C-5256 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

....

Advocate for the Petitioner : Mrs. Sharda P. Chate A.P.P for Respondent- State : Mr. S. J. Salgare

12 common judgments

AND CRIMINAL WRIT PETITION NO. 1667 OF 2020

Kittna s/o Nana Mugawar C-5252 Age - Major, Occ-Nill, R/o At present Paithan open District Prison, Dist. Aurangabad. ...PETITIONER

VERSUS

1] The State of Maharashtra Through its Home Department, Mantralaya Mumbai

2] The Superintendent of the open Prison Paithan 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. 1673 OF 2020

1. Tukaram s/o Malikarjun Potphale Age : 61 years, Occ : Agri. (C/9062)

2. Balaji s/o Tukaram Potphale Age : 37 years, Occ : Agri. (C/9063)

13 common judgments

Both R/o Village Shevdi (Bz), Tq. Loha, District Nanded ( At present is in Harsool Central Jail, Aurangabad) ...PETITIONERS

VERSUS

1] The State of Maharashtra Through its Principal Secretary, Home Department, Mantralaya, Mumbai - 32

2] The Superintendent Aurangabad Central Prison, Aurangabad. ....RESPONDENTS

Advocate for the Petitioner : Mr. S. B. Jadhav A.P.P for Respondent- State : Mr. B.V. Virdhe

AND CRIMINAL WRIT PETITION NO. 1682 OF 2020

Sanjay s/o Baburao Vishwakarma, Convict no. 315.

Age - 28 years, Occ-Convict, R/o At present confined at Open Prison Visapur, Tal. Shrigondha, Dist. Ahmednagar. ...PETITIONER

14 common judgments

VERSUS

The State of Maharashtra Through Superintendent, Open Prison Visapur, Tal. Shrigondha, Dist. Ahmednagar. ....RESPONDENT

Advocate for the Petitioner : Mr. R.A. Jaiswal A.P.P for Respondent- State : Mr. A.V. Deshmukh

AND CRIMINAL WRIT PETITION NO. 1726 OF 2020

Balaji Narhari Revanwar C-8836 Age - Major years, Occ-Nill, R/o Aurangabad Central Prison, Aurangabad Tq. & Dist. Aurangabad. ...PETITIONER

VERSUS

1] The State of Maharashtra Through, Secretary, Home Department, State of Maharashtra, Mantralaya Mumbai

2] The Superintendant of the Central Prison, harsul Tq. & Dist. Aurangabad. ....RESPONDENTS

15 common judgments

Advocate for the Petitioner : Mr. Nirmal Ravindra A.P.P for Respondent State : Mr. M.M. Nerlikar

CORAM : T.V. NALAWADE & M.G. SEWLIKAR, JJ.

DATE : 11th January, 2021

ORAL JUDGMENT : (Per : T.V. NALAWADE, J.)

1. Rule. Rule made returnable forthwith. By consent, heard

both the sides for final disposal.

2. All these matters are flee to challenge the oreers

maee by the responeents of rejection of the applications given

for emergency parole, which is permissible uneer the

Government Notifcation eatee 8th May 2020. The relief is

refusee by giving reason that they either hae not availee parole

or furlough on any occasion in the past or they hae availee

either parole or furlough only on one occasion but not on two

occasions.

3. In Writ Petition No. 1657 of 2020 there is one more

groune that case is peneing against the petitioner uneer

16 common judgments

Section 160 of Ineian Penal Coee. Such circumstances cannot

be a groune for rejection of emergency parole as this section is

not inclueee in exceptee matters given in Rule 4 of the Parole

ane Furlough Rules. However, as routine in such cases bail is

grantee by the learnee Jueicial Magistrate First Class.

4. This Court hae occasion to consieer the saie government

notifcation eatee 8.5.2020 ane interpret the saie notifcation.

There is a coneition that for getting the beneft of this

notifcation, prisoner ought to have availee either furlough or

parole ane at least on two occasions in the past ane he ought

to have returnee to prison in time on his own. This Court has

interpretee this proviso in the case of Kavita W/o Dilip

Baviskar Vs. the State of Maharashtra, in Cri. Writ

Petition No. 571 of 2020 that this coneition is there only to

ensure that after parole perioe is over the prisoner will return

back in time on his own. This Court hele that if prisoner was

otherwise eligible to get emergency parole if he hae completee

three years of jail terms then the coneition that he hae not

availee either parole or fulough in the past cannot come in his

way to get beneft of aforesaie notifcation. In view

17 common judgments

of this, this Court holes that oreers of rejection maee against

the petitioner cannot sustain in law. In the result following

oreer :-

4. In the result, all the petitions are allowee. The

oreers of rejection of emergency parole maee by the

responeents are quashee ane set asiee. The applications,

which are flee by the petitioners for emergency parole uneer

the Government Notifcation eatee 8th May 2020, are hereby

allowee. They are to be releasee on emergency parole on usual

terms ane coneitions within seven eays from toeay.

Rule is maee absolute in those terms.

Authenticatee is allowee to both the siees.

           ( M.G. SEWLIKAR )                           ( T.V. NALAWADE )
                JUDGE                                         JUDGE



 Y.S. Kulkarni