Bombay High Court
Pratap Dinkar Chavan (C-5142) vs The State Of Maharashtra And Anr on 22 September, 2020
Bench: T. V. Nalawade, R. G. Avachat
1 8-10-CrWP-1065-7-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 CRIMINAL WRIT PETITION NO.1065 OF 2020
VITTHAL CHIMRAYA GAWADE (C-4874))
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner : Mr. V. P. Narwade
APP for Respondents - State : Mr. B. V. Virdhe
...
9 CRIMINAL WRIT PETITION NO.1066 OF 2020
VITTHAL RAMA WAGHMARE (C-4844)
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner : Mr. V. P. Narwade
APP for Respondents - State : Mr. Y. G. Gujarathi
...
10 CRIMINAL WRIT PETITION NO.1067 OF 2020
PRATAP DINKAR CHAVAN (C-5142)
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Petitioner : Mr. V. P. Narwade
APP for Respondents - State : Mr. S. P. Tiwari
...
CORAM : T. V. NALAWADE AND
R. G. AVACHAT, JJ.
DATE : 22nd SEPTEMBER, 2020
ORDER :-
In all three matters, the petitioners-prisoners requested for giving direction to respondents-authority to decide their applications filed for emergency parole. The proceedings bearing Criminal Writ Petitions No. 1065 and 1067 of 2020 came to be filed on 15 th September, 2020, whereas, the proceeding bearing Criminal Writ Petition No. 1066 of 2020 came to be filed on 10 th September, 2020. This Court has deprecated the practice of filing the application for emergency parole before the authority ::: Uploaded on - 22/09/2020 ::: Downloaded on - 23/09/2020 05:59:12 ::: 2 8-10-CrWP-1065-7-20.odt and immediately coming to the Court for direction. Though, there were directions of this Court on this point, only because Mr. Narwade, learned counsel for the petitioners has filed present proceedings for the first time, hearing was given him and we are considering the same.
2. Both the sides are heard.
3. The Government has come out with a scheme under Notification dated 08-05-2020 due to Pandemic situation created by COVID-19 virus and the prisoners are released on emergency parole under this notification. In view of object behind the notification, the respondents-authority are expected to take decision on the applications filed by the prisoners immediately. Only due to the object behind notification dated 08-05-2020, this Court holds that the respondents- authority needs to take the decision on the applications filed by petitioners-prisoners, within a period of ten days from the date of this order. Thus, the Criminal Writ Petitions are allowed. The directions are hereby given to the respondents - authority concerned to decide the applications filed by the petitioners-prisoners under Government Notification dated 08-05-2020, as early as possible, preferably within a period of ten days from the date of this order.
4. The parties to act upon authenticated copy of this order.
Sd./- Sd./-
[ R. G. AVACHAT ] [ T. V. NALAWADE ]
JUDGE JUDGE
MTK
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