Mustafa Yunus Khan vs The State Of Maharashtra
2021 Latest Caselaw 4538 Bom

Sherla V.


                                                                      905_wp.1159.2021.doc
           Digitally
           signed by
           Vishwanath
Vishwanath S. Sherla    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S. Sherla  Date:
           2021.03.11
                                  CRIMINAL APPELLATE SIDE
           19:14:34
           +0530
                            CRIMINAL WRIT PETITION NO.1159 OF 2021

                  Mustafa Yunus Khan                                     ... Petitioner
                             Vs.
                  State of Maharashtra                                ... Respondent



                  Mr.Bharat K. Manghani for the Petitioner

                  Mr.J.P. Yagnik, APP, for Respondent - State

                                           CORAM: S.S. SHINDE &
                                                  MANISH PITALE, JJ.

DATED: MARCH 11, 2021

ORAL JUDGMENT (PER S.S. SHINDE, J.):

1. Rule. Rule made returnable forthwith with the consent of the

learned Counsel appearing for the parties and heard finally.

2. This Petition takes exception to the order passed by the

Superintendent of Prison, Nashik Road Central Prison, Nashik,

dated 19th September, 2020 thereby rejecting the Application of the

petitioner for Covid Parole.

3. The learned Counsel appearing for the petitioner submits

that the petitioner is inside the jail for 11 years and he was never

905_wp.1159.2021.doc

released on parole or furlough. The only reason assigned in the

impugned order is that the petitioner was never released on

furlough or parole. The learned Counsel submits that the

petitioner never applied for furlough or parole and, therefore, the

question of his release in the past does not arise.

4. Learned APP appearing for the Respondent - State and its

officials submits that one of the offences wherein the petitioner is

convicted is section 392 of the Indian Penal Code and the convicts

of such offences are not entitled to be released on parole/furlough

or Covid Parole.

5. We have given our careful consideration to the rival

submissions. With the assistance of the learned Counsel

appearing for the petitioner and the learned APP appearing for the

State, carefully perused the pleadings in the petition and the

grounds taken therein, the annexures thereto, the impugned order

and the report submitted by the concerned jail authority. The only

reason assigned in the impugned order is that the petitioner was

never released in the past on furlough or parole and on that

ground alone, the impugned order is passed.

905_wp.1159.2021.doc

6. In our considered view and in view of the judgments of this

Court in Kalyan s/o. Bansidharrao Renge vs. The State of

Maharashtra & another (Criminal Writ Petition No.ASDB-

LDVC-265 of 2020) and Uzair @ Hujer s/o. Rafiq Shaikh vs. The

State of Maharashtra & Others (Criminal Writ Petition No.2989

of 2020), the reason assigned in the impugned order cannot be

legally sustained.

7. In that view of the matter, the impugned order dated

19th September, 2020 passed by the Superintendent, Nashik Road

Central Prison, Nashik, is quashed and set aside. The petitioner is

given liberty to file a fresh application. In case, such an application

is filed by the petitioner, we direct Respondent No.1 to decide the

same afresh on merits, without assigning the same reason as

mentioned in the impugned order, within a period of two weeks

from the date of filing such application.

8. With the above observations, Rule made partly absolute and

the petition is disposed of accordingly.

9. All concerned to act on an authenticated copy of this order.

     (MANISH PITALE, J.)                           (S.S. SHINDE, J.)