Vinod S/O Lakhesingh Dhurvey vs State Of Mah. Thr. The Dig Of Prison ...
2022 Latest Caselaw 4911 Bom

                                              1                                  904.appw.82.22

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

                   CRIMINAL APPLICATION (APPW) NO.82/2022
                                        IN
                      CRIMINAL WRIT PETITION NO.49/2022
            Vinod Lakhsingh Dhurve Vs. The State of Maharashtra and Ors.
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Office Notes, Office Memoranda of Coram,                              Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                  Shri V. N. Mate, Advocate for Applicant/Petitioner.
                  Shri T. A. Mirza, A.P.P. for Non-applicant/Respondent/State.

                                CORAM : V. M. DESHPANDE AND
                                        AMIT BORKAR, JJ.

DATE : 06/05/2022.

1. By this application the State is seeking recall of of the judgment and order dated 11.04.2022 in Criminal Writ Petition No.49/2022 on the ground that the basis for grant of relief for release of the petitioner on emergency parole has been extinguished. The said fact was not brought to the notice of this Court on the date of passing of order i.e. on 11.04.2022.

2. The State has placed reliance upon judgment and order of this Court in Criminal Writ Petition No.775/2021 in the case of Sachin @ Anna Daniel Gabrel Vs. The State of Maharashtra and Anr., wherein this Court has taken a view that in view of substitution of new Rule 19(1) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 by Notification dated 10.02.2022, the right to seek emergency parole has extinguished.

3. In view of the said position of law, the applicant has made out a case for grant of interim relief. Therefore, 2 904.appw.82.22

there shall be interim relief in terms of prayer clause (ii).

4. Issue notice to the original petitioner - Vinod Lakhsingh Dhurve, who is in Central Jail, Nagpur, returnable on 04.07.2022.

5. It is made clear that if the original petitioner seeks legal aid through Legal Aid Services Authority, he shall be entitled for the same.

6. The Superintendent of Jail, Nagpur is directed to make petitioner aware of his right to get legal aid from this Court and he shall serve copy of this application on the petitioner.

                                           JUDGE                              JUDGE


           RGurnule




Digitally signed byRANJANA
MANOJ MANDADE
Signing Date:06.05.2022
13:25