Bombay High Court
Ayyaz Khan Azad Khan vs The State Of Maharashtra, Thr, ... on 29 April, 2022
Bench: V.M. Deshpande, Amit B. Borkar
wp580.21 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 580/2021
Ayyaz Khan
...VERSUS...
State & anr.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Ms. M.K. Kulkarni, Advocate for the Petitioner(s)
Ms. M.A. Barabde, APP for the Respondent/State
CORAM : V.M. DESHPANDE & AMIT BORKAR, JJ.
APRIL 29, 2022 By this Petition under Articles 226 & 227 of the Constitution of India, the Petitioner is challenging rejection of his Application for release on emergency parole based on Rule 19(1)(C) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959. The Application was rejected on the ground that the Petitioner is not mentally fit and the Petitioner has not been released twice earlier. The Petitioner therefore challenges the said order by way of filing the present Writ Petition.
This Court on 27/08/2021 issued notice to the Respondents, in pursuance of which, the Respondent No. 2 has filed reply stating that the Petitioner is a psychiatric patient and therefore he is not eligible for being released on emergency parole.
ANSARI wp580.21 2 Though the reasons stated in the impugned order is not sustainable in view of the judgment of this Court in Milind Ashok Patil and ors vs. State of Maharashtra, in Criminal Writ Petition-ASDB-LD-VC No.65/2020, the subsequent event namely the substitution of Rule 19(1)(C) of the said Rules taking away the privilege conferred on the prisoners for being released on emergency parole due to Covid pandemic, has withdrawn the basis for grant of Application of the Petitioner for emergency parole. Therefore, it is not necessary for this Court to adjudicate upon the issue as to whether the Petitioner is mentally challenge and therefore is not entitled for being released on emergency parole.
Without going into the said issue, in view of the repeal of Rule 19(1)(C) of the said Rules which was in existence prior to substitution by Notification dated 10/02/2022, the Petition deserves to be dismissed.
The Writ Petition is therefore dismissed. Pending Application(s), if any, stand(s) disposed of.
Fees of the learned Advocate appointed to represent the Petitioner is quantified at Rs. Two Thousand Five Hundred which shall be paid to her by the High Court Legal Services Sub-Committee, Nagpur.
(JUDGE) (JUDGE)
Signed By:AKRAM PARVEZ
MAQSOOD AHMAD ANSARI
Private Secretary to Hon'ble Judge
Signing Date:30.04.2022 10:07
ANSARI