Bombay High Court
Sachin @ Anna Daniel Gabrel vs State Of Mah.Thr. Secretary Home Dep. ... on 12 April, 2022
Bench: V.M. Deshpande, Amit B. Borkar
wp775.21 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 775/2021
Sachin Daniel
...VERSUS...
State & anr.
************************************************************************************************
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
************************************************************************************************
Ms. S.D. Wankhede, Advocate for the Petitioner(s)
Shri M.K. Pathan, APP for the Respondent/State
CORAM : V.M. DESHPANDE & AMIT BORKAR, JJ.
APRIL 12, 2022 By this Petition under Articles 226 & 227 of the Constitution of India, the Petitioner is challenging refusal to grant the emergency parole to the Petitioner.
It appears that after the passing of the order, the Respondent No. 1 has amended Rule 19 of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 to insert Rule 19. Prima-facie, it appears that the entire Rule 19 has been replaced by the Notification dated 10/02/2022. It is therefore necessary for the Respondent No. 1 to clarify as to whether the provisions of Rule 19 as was in existence before 10/02/2022 shall continue to be in existence after new Notification comes into force. The Respondent No. 1 is therefore directed to ANSARI wp775.21 2 file detailed affidavit on the implication of substitution of Rule 19 as amended by Notification dated 10/02/2022.
Stand over to 29/04/2022.
Copy of this order duly authenticated by Court Sheristedar be given to the learned APP to act upon.
(JUDGE) (JUDGE) Signed By:AKRAM PARVEZ MAQSOOD AHMAD ANSARI Private Secretary to Hon'ble Judge Signing Date:12.04.2022 17:14 ANSARI