Yogesh Pandurang Kupekar (In ... vs State Of Maharashtra Thr. ...
2022 Latest Caselaw 6047 Bom

Judgment                           1                 27.Cri.W.P.53.2022.odt




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.

             CRIMINAL WRIT PETITION NO. 53 OF 2022


      Yogesh Pandurang Kupekar,
      Aged about 48 years, Occu. - Nil,
      C/10251, (Presently in Central Prison
      Nagpur).                                     .... PETITIONER


                             // VERSUS //

1)    State of Maharashtra,
      Through Superintendent of Jail,
      Central Jail, Nagpur.

2)   Divisional Commissioner,
     Nagpur Division, Nagpur.              .... RESPONDENTS
______________________________________________________________
     Mr. Raju Kadu, Advocate for Petitioner.
     Mrs. N.R. Tripathi, Additional Public Prosecutor for Respondents.
______________________________________________________________


                  CORAM : SUNIL B. SHUKRE AND
                          G.A. SANAP, JJ.

DATED : 29.06.2022

ORAL JUDGMENT : (Per Sunil B. Shukre, J.)

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

by consent of the learned counsel appearing for the parties.

2. The Petitioner is seeking his release on emergency parole

on the ground of renaissance Covid-19 Pandemic. However, now there

is a great change in the situation, in the sense that near normalcy has Judgment 2 27.Cri.W.P.53.2022.odt

been restored and, therefore, it may not be now possible to consider

the application for grant of parole on this ground. In fact, as rightly

submitted by the learned Additional Public Prosecutor, the Apex Court

has already taken a stricter view of a prisoner, who has been released

on parole on the ground of Covid-19 pandemic when it directed, in it's

order dated 29.04.2022 passed in Writ Petition (Civil) No.1067 of

2021, the prisoners to report back to the prison within two weeks from

the date of the order. The Apex Court noted that parole granted to the

prisoners could not be extended any further. Besides, the additional

ground of Covid-19 that was available to the prisoners to seek parole

has now been withdrawn by the Government Resolution dated

04.05.2022.

3. Such being the present position of law, we are of the view

that the Petitioner is not entitled to be released on parole on the

ground of Covid-19 pandemic. No interference therefore in the

impugned order can be made.

4. The Writ Petition stands dismissed.

                                   (G.A. SANAP, J.)                      (SUNIL B. SHUKRE, J.)



Digitally Signed By:KIRTAK
BHIMRAO JANARDHAN
Signing Date:30.06.2022
16:13                     Kirtak