Bombay High Court
Chhaya W/O Shankar Pawar vs State Of Maharashtra on 18 June, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
2024:BHC-AS:23746-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION (ST) NO.12439 OF 2024
Chhaya w/o Shankar Pawar .. Petitioner
Versus
The State of Maharashtra .. Respondent
...
Mr.Rupesh Jaiswal for the Petitioner.
Mrs.M.M.Deshmukh, A.P.P. for the State/Respondent.
Mr.B.M.Tadavi, Jailer Grade II, Yerwada Central Prison, present.
...
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATED : 18th JUNE, 2024 P.C:-
1. The Petitioner has filed the present Writ Petition on behalf of her husband-Shankar Subrao Pawar and brother-in-law-Lahu Subrao Pawar, who are presently confined in Yerwada Central Prison, seek issuance of writ of mandamus or any other appropriate writ, order or directions to quash and set aside the order passed by the Superintendent, Central Prison, Yerwada, Pune on 13/06/2024, who has permitted to attend the eleventh day rituals of their father, who has passed on 10/06/2024 and being scheduled on 21/06/2024. But, the prisoners are aggrieved by the order, which has granted one day emergency parole, which is accompanied with an order of payment of Rs.26,699/- as the cost to be borne for police escort.
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2. The learned counsel for the Petitioner has invited our attention to an order passed by this Court 27/03/2024, when at the instance of the Petitioner, her husband Shankar Subrao Pawar was granted parole leave to participate in the marriage ceremony of his daughter and his release was directed without police escort, for a period of four days from 28/03/2024 to 01/04/2024, on furnishing of one local surety to make up the amount. He was directed to report to Shiradhon Police Station, District Dharashiv.
3. Relying upon the said order, the learned counsel for the Petitioner would submit that the order releasing the prisoners on death parole with police escort is completely unjustified, since on previous occasion, when the prisoner-Shankar Subrao Pawar, was released on parole, he surrendered on time and considering the fact that he has undergone 19 years 6 months and 8 days of incarceration, including remission, there are bleak chances of he being absconding.
Further, according to him, it is impossible for them to bear the charges of police escort and the another aspect on which the learned counsel would focus his attention is the distance which the prisoners have to travel, as they have to attend the last rites at Shiradhon, District Dharashiv, which is approximately at the instance of 350 km from the place where they are incarcerated.
4. The learned A.P.P. Ms.Deshmukh has stressfully laid emphasis on the order dated 13/06/2024 and she would support the said order, by submitting that the order has set out the necessary expenses to be borne in case the prisoners are to be M.M.Salgaonkar ::: Uploaded on - 18/06/2024 ::: Downloaded on - 19/06/2024 21:35:18 ::: 3/4 18 WPST-12439-24.odt released with police escort, as some amount is lying in their accounts.
5. On hearing the learned counsel representing the respective parties and on perusal of the impugned order passed by the Respondent, it is evident that while considering the application for death parole, the Authority has not disputed the death of their father and the necessary rituals to be undertaken in the wake of his demise. The impugned order also specifically state that the cousin sister and the sister of the prisoners, who are the residents of Taluka Kalamb, District Dharashiv, are in possession of the agricultural land and they have expressed their willingness to sand as sureties and even their statements are recorded.
Their undertakings on the stamp paper of Rs.100/- have also been obtained.
Despite the aforesaid, the order was passed by the Superintendent, without any negative report from the police, expressing any apprehension that the prisoners may not return, if released on emergency parole.
6. By the report, the Superintendent of Yerwada jail has concluded that the prisoners should be released on parole, with police escort and the only probable justification is that the prisoners are guilty of a serious offence and have been sentenced to life imprisonment. The Superintendent has also recorded that both the prisoners are appointed as night watchmen and their behaviour in the prison is satisfactory.
M.M.Salgaonkar
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7. In the wake of the aforesaid, we are unable to concur with the conclusion reached by the Respondent and in the wake of the observations made in the impugned order, where two persons are ready to stand as sureties for the prisoners for being released on emergency parole and since their conduct is noted to be satisfactory, we do not find any justification in directing their release accompanied by a police escort. Further, considering the approximate distance of 350 km one way, which the prisoners have to travel to attend the last rites of their father, we deem it appropriate to modify the order dated 13/06/2024, by directing as below :-
(a) Prisoner-Shankar Subrao Pawar and Prisoner-
Lahu Subrao Pawar, in the wake of their application dated 10/06/2024, are directed to be released on death parole at 10.30 a.m. on 20/06/2024 and after attending the eleventh day ceremony on 21/06/2024, they shall report back to the prison before 5.00 p.m. on 22/06/2024.
(b) On two days i.e. on 20/06/2024 and 21/06/2024, they shall mark their attendance to Shiradhon Police Station between 5.00 p.m. and 6.00 p.m. The impugned order dated 13/06/2024 stands modified to the aforesaid effect.
The learned A.P.P. shall communicate this order forthwith to the Superintendent of Yerwada Central Prison.
8. The Writ Petition stands disposed off.
(MANJUSHA DESHPANDE,J.) (BHARATI DANGRE, J.) M.M.Salgaonkar ::: Uploaded on - 18/06/2024 ::: Downloaded on - 19/06/2024 21:35:18 :::