Shaikh Amjad S/O. Shaikh Asad @ ... vs The State Of Maharashtra And ...
2021 Latest Caselaw 8980 Bom

                                                               970-CrWP-706-21.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                   CRIMINAL WRIT PETITION NO.706 OF 2021

Shaikh Amjad S/o Shaikh Asad @ Mohsin,
Age, 33 years, Convict No. C-9182,
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

                               ...
Advocate for Petitioner : Mr. Sohail Subedar h/f Mr. D. S. Ingole
APP for Respondent Nos. 1 & 2 : Mr. R. V. Dasalkar
                               ...

                                          CORAM : V. K. JADHAV AND
                                                  S. G. DIGE, JJ.

DATE : 09th JULY, 2021

ORAL JUDGMENT [PER V. K. JADHAV, J.] :

1. Rule. Rule made returnable forthwith. Heard finally at

the admission stage by consent of the parties.

2. The petitioner is the convict prisoner undergoing the

sentence of life imprisonment. The petitioner / convict has

undergone imprisonment to the extent of 3 years 26 days so far.

The petitioner has been convicted for the offence punishable under

Sections 201, 302, 364, 365 read with 34 of Indian Penal Code and

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970-CrWP-706-21.odt

sentenced to suffer life imprisonment in connection with the charge

under Section 302 of Indian Penal Code. The petitioner / convict

has applied for emergency parole, however, the same has been

rejected solely on the ground that in another case i.e. Sessions case

No. 37 of 2015 the petitioner / convict came to be acquitted for

offence punishable under Sections 363, 364, 303, 201, 120-B and

504, 109, 114 of Indian Penal Code and even though the State has

preferred appeal bearing Criminal Appeal No. 709 of 2018, wherein

the directions have been given for compliance of Section 390 of

Code of Criminal Procedure, petitioner has failed to comply those

directions issued by the Appellate Court in terms of Section 390 of

Cr.P.C.

3. The learned counsel for petitioner submits that the

petitioner is ready to comply with the directions in terms of Section

390 of Cr.P.C. given in pending Criminal Appeal No. 709 of 2018.

4. The learned APP submits that, in the event the

petitioner comply with the directions in terms of the provisions of

Section 390 of Cr.P.C. in connection with Criminal Appeal No. 709 of

2018, there is no hurdle, as such, to grant the emergency parole to

the petitioner. We will not enter into the merits of contentions,

since the learned counsel for petitioner / convict has made a

statement, on instructions, before us that the petitioner is ready to

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comply with the directions issued in terms of provisions of Section

390 of Cr.P.C. in connection with Criminal Appeal No. 709 of 2018

i.e. appeal preferred by the State against acquittal in connection

with Sessions Case No. 37 of 2015.

5. In view of the same, we allow this writ petition directing

the respondent authority to release the petitioner on COVID-19

emergency parole for 45 days, subject to the condition of

compliance with the directions issued in terms of Section 390 of

Cr.P.C. in connection with Criminal Appeal No. 709 of 2018 i.e.

appeal preferred by the State against judgment and order of

acquittal of petitioner / convict in connection with Session Case No.

37 of 2015.

6. Rule is made absolute in the above terms. Writ petition

is accordingly disposed off.

     (S. G. DIGE, J.)                                 (V. K. JADHAV, J.)




SVH



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