Ranjit S/O. Shahji Gade vs The State Of Maharashtra
2021 Latest Caselaw 12775 Bom

Sherla V.


                                                                 4_WP.2601.2021.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE SIDE

                     CRIMINAL WRIT PETITION NO.2601 OF 2021

            Ranjit Shahji Gade                                     ... Petitioner
                       Vs.
            State of Maharashtra                                ... Respondent



            Mr.Rupesh Jaiswal for the Petitioner

            Mrs.M.H. Mhatre, APP, for Respondent - State


                                    CORAM: S.S. SHINDE &
                                           N.J. JAMADAR, JJ.

                                     DATED: SEPTEMBER 7, 2021


            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. By this Writ Petition, the petitioner has challenged the order

dated 23rd May, 2020 passed by Superintendent of Jail, Yerawada

Central Prison, Pune, whereby the application of the petitioner for

grant of emergency Covid - 19 parole for 45 days was rejected.

4_WP.2601.2021.doc

3. The petitioner is a convict undergoing sentence of life

imprisonment. The petitioner has been in jail for more than 11

years.

4. In view of the Covid-19 pandemic and the amendment in the

Prisons (Bombay Furlough and Parole) Rules, 1959, the petitioner

applied for grant of emergency Covid-19 parole. The application

was rejected by the aforesaid impugned order on the ground that

the petitioner was released only once in the past on furlough

leave.

5. Mr.Jaiswal, learned Counsel appearing for the petitioner,

relied upon the judgments of this Court in Kavita w/o. Dilip

Baviskar (Criminal Writ Petition No.571 of 2020); Rajendra

Pathare vs. State of Maharashtra (Criminal Writ Petition

(stamp) No.3033of 2020) and Rajendra Avhad vs. State of

Maharashtra (Criminal Writ Petition No.760 of 2020) and

contended that the ground stated in the impugned order is wholly

unsustainable. It is therefore submitted that the Writ Petition

deserves to be allowed.

4_WP.2601.2021.doc

6. On the other hand, the learned Additional Public Prosecutor

appearing for the State opposed the petition for grant of

emergency Covid-19 parole. It is submitted that now the situation

in the Yerwada Central Prison, has changed substantially. It is

submitted that the number of inmates in the said prison are less

than the capacity. It is further submitted that there is no crowd in

the jail and that the authorities have sufficient infrastructure now to

immediately take care of any inmate or staff, who may suffer from

Covid-19 virus. It is also submitted that, till today, more than 5000

inmates have been vaccinated and there is no impact of Covid-19

virus in the Yerawada Central Prison. On this basis, it is submitted

that the petitioner could be permitted to apply afresh for grant of

emergency Covid-19 parole.

7. We have perused the record forwarded by the respondent to

the office of the Public Prosecutor of this Court. The facts and

figures stated therein indicate that in pursuance of release of

number of inmates due to Covid-19 pandemic, now the situation in

the Yerwada Central Prison has changed substantially. There can

be no doubt about the fact that the petitioner is justified in relying

upon the aforesaid judgments of this Court to claim that the reason

4_WP.2601.2021.doc

assigned in the impugned order is unsustainable. We are in

agreement with the said contention raised on behalf of the

petitioner and find that the impugned order cannot be sustained.

But at the same time, the fact situation on ground as on today,

cannot be ignored and, therefore, there is substance in the

contention raised on behalf of the learned APP that the request of

the petitioner for grant of emergency Covid-19 parole needs to be

considered afresh.

8. In view of the above, the Writ Petition is partly allowed. The

impugned order is quashed and set aside. The petitioner is

granted liberty to apply afresh for grant of emergency Covid-19

parole. In case, such an application is submitted by the petitioner,

the Superintendent of Jail, Yerawada Central Prison, Pune, is

directed to consider and dispose of the same as expeditiously as

possible, however, within two weeks from the date of receipt of

such application from the petitioner, in the light of the

circumstances prevailing as on today and in terms of the Prisons

(Bombay Furlough and Parole) Rules, 1959. In case, the authority

is not inclined to entertain the application, the same shall not be

rejected on the grounds which are assigned in the impugned order.

4_WP.2601.2021.doc

9. Rule made absolute to the above extent. The Writ Petition

stands disposed of accordingly.

                (N.J. JAMADAR, J.)                         (S.S. SHINDE, J.)




                 Digitally signed by
                 VISHWANATH
VISHWANATH       SATYANARAYANA
SATYANARAYANA    SHERLA
SHERLA
                 Date: 2021.09.09
                 10:06:18 +0530