Bombay High Court
Akshay Deepak Chavriya vs State Of Maharashtra And Anr on 14 June, 2022
Bench: Prasanna B. Varale, Shrikant Dattatray Kulkarni
503.WP.1974.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1974 OF 2022
Akshay Deepak Chavriya ...Petitioner
Versus
The State of Maharashtra & Anr ...Respondents
***
Mr. Akshay Bankapur for the Petitioner.
Ms. Prajakta P. Shinde, APP, for the Respondent -
State.
***
CORAM : PRASANNA B. VARALE &
SHRIKANT D. KULKARNI, JJ.
DATE : JUNE 14, 2022.
PER COURT :
1. By claiming an extreme urgency, the Petition
is circulated before this Court. Taken on production
board.
2. The Petitioner, who is presently lodged in
Nashik Road Central Prison as Convict No. 11225
suffering his life imprisonment pursuant to judgment
and order dated 06th May, 2017 passed by the learned
Sessions Judge, Nashik, prayed for an emergency parole
UMESH leave on account of marriage of his sister. The
SHRINIWAS
MALANI
Digitally signed by
UMESH SHRINIWAS
MALANI
judgment and order passed by the learned Sessions Judge
Date: 2022.06.14
17:07:12 +0530
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503.WP.1974.2022.doc
is subjected to an Appeal preferred by the Petitioner
namely, Criminal Appeal No. 708/2017 and the Appeal is
admitted by this Court.
3. The application was submitted to the competent
authority on 06.05.2022. Our attention was invited to
the copy of marriage invitation card of sister of
Petitioner. Same is placed on record at Exhibit 'C'
Collectively. Perusal of marriage invitation card shows
that marriage of sister of Petitioner namely, Aarti is
scheduled on 16.06.2022 with Shri Nikhil. There are
certain functions on 15.06.2022 also.
4. Learned Counsel appearing for the Petitioner
submitted that Aarti being his only sister, the
Petitioner earnestly desire to attend her marriage and
to see that his sister is settled in life. Learned
Counsel appearing for Petitioner further submitted that
as there was no decision on the application, the
Petitioner was left with no choice but to approach this
Court by filing the present Petition. Thus, learned
Counsel appearing for the Petitioner prayed that
Petition may be allowed.
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5. Learned APP appearing for Respondent - State
invited our attention to the report forwarded to
Commissioner of Police, Nasik City on 07.06.2022. Copy
of the same is taken on record and marked 'X' for
identification. It is the submission of learned APP
that on earlier occasion the Petitioner was released by
grant of emergency parole leave, but the Petitioner
misused the liberty and was indulged in the act of
commission of crime leading to registration of crime
bearing C.R. No. 38/2021 at Upnagar Police Station,
Nasik. Learned APP, on the basis of report, further
submitted that the Petitioner made reference to a
person namely, Sanjay Lucky Bidlon as surety of the
Petitioner, but the said person denied to stand as the
surety for the Petitioner. It is further stated in the
report that in near future the Corporation Elections
are scheduled and there is an apprehension that the
Petitioner may commit some act causing disturbance to
law and order. Thus, learned APP prayed that Petition
may be dismissed.
6. Though, learned APP opposed the Petition and
apprehension expressed by the Authority was on the
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basis of previous act of the Petitioner, considering
the fact that the Petitioner submitted his application
well in advance before the Prison Authority and
Petitioner by availing the legal remedies on account of
marriage of his sister prayer for emergency parole
leave, and as there was no decision on the application
for a considerable period, we are inclined to allow the
Petition.
7. Learned Counsel appearing for Petitioner was
also justified in submitting before this Court as
marriage of his only sister is scheduled on 16.06.2022,
the Petitioner is earnestly desires to attend marriage
and this desire of the Petitioner is quite natural.
8. In our opinion, the apprehension expressed by
the Authorities as submitted before this Court through
learned APP can be taken care of by imposing
appropriate conditions. Hence, the following order is
passed:
O R D E R
A. The Petition is allowed and the
Respondent No. 2 Jailor / Superintendent,
Nashik Central Prison, Nashik is directed
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to release the Petitioner on an emergency
parole leave.
B. The Petitioner be released from Nashik
Road Central Prison on 15.06.2022 at
11.00 am.
C. The Petitioner to attend the marriage of
his sister scheduled on 16.06.2022 at a
premises namely, Nagarpalika Building,
Upnagar Colony, Nasik in a Escort Unit
consisting of 3 persons i.e., One Officer
either Rank of PSI or API and two armed
constables.
D. The Petitioner be brought back to Nashik
Road Central Prison on 17.06.2022 on or
before 05.00 pm.
E. The Petitioner to bear the Escort charges
along with vehicle charges as per the
rules.
F. All concerned shall act upon a copy of
this order which is duly authenticated by
the Registry of this Court.
(SHRIKANT D. KULKARNI, J.) (PRASANNA B. VARALE, J.)
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