Bombay High Court
Avinash @ Suraj Ashok Singh vs The State Of Maharashtra And Anr on 23 February, 2021
Author: S. S. Shinde
Bench: S. S. Shinde, Manish Pitale
Digitally
signed by 1/3 CRWP-766-2021.doc
Vishwanath
Vishwanath S. Sherla
S. Sherla Date:
2021.02.23 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
12:01:05 CRIMINAL APPELLATE JURISDICTION
+0530
CRIMINAL WRIT PETITION NO. 766 OF 2021
Avinash @ Suraj Ashok Singh
Age 30 years R/O Room no.8
Gurumauli Chawl, Ramesh Patil Nagar,
Ambivali (W), Kalyan, Dist - Thane ...PETITIONER
Versus
1. The State of Maharashtra
2. The Superintendent of Jail
Nashik Road Central Prison ...RESPONDENTS
...
Mr. Aniket Vagal for the Petitioner.
Mrs. S.D. Shinde, APP for State.
...
CORAM : S. S. SHINDE &
MANISH PITALE, JJ.
RESERVED ON : 18th FEBRUARY, 2021.
PRONOUNCED ON: 23rd FEBRUARY, 2021.
JUDGMENT [PER S. S. SHINDE, J.]:
. Rule. Rule made returnable forthwith and heard with the consent of learned counsel appearing for the parties.
2. The Petitioner has filed the present petition for the following substantial reliefs:
a) Order of Respondent No. 2 passed on 28.09.2020, may kindly be quashed and set aside.
Bhagyawant Punde 2/3 CRWP-766-2021.doc
b) The Petitioner may kindly be released on Emergency Parole for the Period of 45 days on any terms and condition as this Hon'ble Court may deem fit and proper.
3. Learned counsel appearing for the Petitioner submits that, the petitioner was never released from jail since his incarceration and the petitioner is in jail for more than 8 years and therefore, he is entitled to be released on emergency parole.
4. On the other hand, learned APP appearing for Respondent-State opposed the petition for grant of emergency Covid-19 parole. It was submitted that the Petitioner is a life convict and therefore he is not entitled to be released on emergency parole leave.
5. We have perused the record forwarded by the respondents to the office of Public Prosecutor of this Court. The Petitioner was never released in the past on parole/furlough, and in our opinion, that cannot be a ground for rejecting the application of the petitioner for emergency parole.
6. In that view of the matter, 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 within one week from Bhagyawant Punde 3/3 CRWP-766-2021.doc today. Upon filing such an application, the respondent authority shall decide the same on its own merits, as expeditiously as possible, however, within two weeks from the date of filing of the application in accordance with the Prisons (Bombay Furlough and Parole) Rules, 1959 and keeping in view the factors like the extent of spread of Covid-19 virus and conditions in jail.
7. Rule is partly made absolute to above extent. The writ petition stands disposed of accordingly.
( MANISH PITALE, J.) (S. S. SHINDE, J.) Bhagyawant Punde