Zubir Khan Shabbir Khan (C-35833) vs The State Of Maharashtra
2021 Latest Caselaw 7658 Bom

                                   ..1..                           CrWP.618.2021


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

              907 CRIMINAL WRIT PETITION NO.618 OF 2021

                   ZUBIR KHAN SHABBIR KHAN (C-35833)
                                    VERSUS
                        THE STATE OF MAHARASHTRA
                                        ...
                            Petitioner - Through Jail
                APP for the Respondent / State : Mr S.J. Salgare
                                        ...

                                           CORAM : RAVINDRA V. GHUGE
                                                           AND
                                                   B. U. DEBADWAR, JJ.

                                           Date :        10-06-2021

PER COURT :-

1. The petitioner is a convict, who has moved this

application through jail for seeking emergency parole under Section

19(1)(C) of the Maharashtra Prisons (Mumbai Furlough and

Parole) Rules, 1959 citing COVID-19 circumstances.

2. The learned Prosecutor informs us that the petitioner has

been convicted in SCC No.17/2012 for having committed offences

punishable under Sections 302, 364, 201 r.w. 34 of the IPC and

Sections 3 (i)(ii), 3 (2) and 3 (4) of the MCOC Act.

3. We find from the Maharashtra State notification dated

08-05-2020 that, convicts, who have been sentenced under Special

..2.. CrWP.618.2021

enactments, are not eligible for emergency parole under Rule

19(1)(C).

4. The learned Full Bench of this Court, vide it's Judgment

dated 06-11-2020 in Criminal Writ Petition (Stamp) No.3206 of 2020

has held that, such notification dated 08-05-2020 would not leave

any scope for entertaining an application for emergency parole filed

by a convict who has been sentenced under any special enactment.

5. In view of the above, this Criminal Writ Petition stands

rejected.

          (B. U. DEBADWAR)                       (RAVINDRA V. GHUGE)
               JUDGE                                   JUDGE
                                           ...




Gajanan