Bombay High Court
Faruk S/O. Mustak Khan vs The State Of Maharashtra on 21 July, 2020
Bench: Ravindra V. Ghuge, M. G. Sewlikar
{1} CRI WP 685 OF 2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 CRIMINAL WRIT PETITION NO.685 OF 2020
. Faruk S/o. Mustak Khan
Convict No.5179,
Age: Major, Occ.: Convict,
R/o. At present confnee at
Open Prison Paithan. ..Petitioner
VERSUS
. The State of Maharashtra
Through Superinteneent,
Open Prison Paithan. ..Responeent
...
Aevocate for Petitioner : Mr.Rupesh A. Jaiswal
APP for Responeent : Mr.M.M.Nerlilkar
...
CORAM : RAVINDRA V. GHUGE &
M. G. SEWLIKAR, JJ.
Date: July 21, 2020
...
ORDER :-
1. We have heare the learnee counsel for the petitioner ane the learnee APP on behalf of the responeent, who has vehemently supportee the impugnee oreer eatee 14.07.2020 ane prays that the Writ Petition be eismissee.
2. We fne that the impugnee oreer resulting in the rejection of the application of the petitioner for emergency parole uneer Rule 19(1)(C) of the Maharashtra Prisons (Mumbai Furlough ane Parole) Rules, 1959, in view of the amenement eatee ::: Uploaded on - 21/07/2020 ::: Downloaded on - 22/07/2020 06:33:29 ::: {2} CRI WP 685 OF 2020 08.05.2020, is only because the petitioner hae not appliee earlier on two occasions for furlough / parole. This Court (Coram :
T.V.Nalawaee ane Shrikant D.Kulkarni, JJ.) viee Juegment eatee 30.06.2020 in Criminal Writ Petition No.571 of 2020 flee by Kavita W/o. Dilip Baviskar versus The State of Maharashtra ane (Coram: Ravinera V. Ghuge ane Shrikant D.Kulkarni, JJ.) by the Oral Juegment eatee 10.07.2020 in Criminal Writ Petition No.627 of 2020 flee by Shehnaz W/o. Rafiue Shaikh versus The State of Maharashtra, has taken a view that, the applicant having not appliee earlier on two occasions to be releasee from jail on furlough or parole leave, woule not be an impeeiment for consieering the application for emergency parole uneer Rule 19(1)(C) of the Maharashtra Prisons (Mumbai Furlough ane Parole) Rules, 1959.
3. In view of the above, this petition is allowee.
4. The impugnee oreer eatee 14.07.2020 is iuashee ane set asiee.
5. The petitioner - Faruk S/o. Mustak Khan (Convict No.5179) confnee in Open Prison at Paithan shall be releasee on emergency parole for a perioe of 45 eays ane subject to the ::: Uploaded on - 21/07/2020 ::: Downloaded on - 22/07/2020 06:33:29 ::: {3} CRI WP 685 OF 2020 liberty available to him uneer the Notifcation eatee 08.05.2020, he shall report to the Superinteneent of Open Prison at Paithan on the 45th eay.
6. This oreer shall be implementee within seven (7) eays from toeay.
7. Since the petitioner is being releasee on emergency parole on account of the Covie-19 paneemic, we fne it appropriate to observe that as Covie-19 patients are alarmingly increasing in the State of Maharashtra, the petitioner shall confne himself to his resieence in the interest of his health ane the health of the society at large.
( M. G. SEWLIKAR, J. ) ( RAVINDRA V. GHUGE, J. ) SPT ::: Uploaded on - 21/07/2020 ::: Downloaded on - 22/07/2020 06:33:29 :::