Sandeep Suresh Gurav v. The State Of Maharashtra And ANR

Sherla V.

Digitally signed by Vishwanath S. Sherla Date:

2021.02.16 19:51:32 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE Vishwanath S. Sherla CRIMINAL WRIT PETITION NO.189 OF 2021 Sandeep Suresh Gurav ... Petitioner Vs.

State of Maharashtra & another ... Respondents Mr.Aniket Vagal for the Petitioner Mr.Deepak Thakare, Public Prosecutor, for Respondent - State CORAM: S.S. SHINDE & MANISH PITALE, JJ.

JUDGMENT RESERVED ON: FEBRUARY 11, 2021 JUDGMENT DELIVERED ON: FEBRUARY 16, 2021 JUDGMENT (PER S.S. SHINDE, J.):

1.

Rule. Rule made returnable forthwith with the consent of the learned Counsel appearing for the parties and heard finally. 2.

The Petitioner had applied for grant of emergency Covid-19 parole for 45 days in view of the Covid-19 pandemic and the amendment in the Prisons (Bombay Furlough and Parole) Rules, 1959. However, his application was rejected vide order dated 11th August, 2020 passed by Respondent No.2 - Superintendent of

Jail, Nashik Road Central Prison, District Nashik, on the ground that the petitioner, in the past, during his stay in the jail, was released on 29.5.20214, however, he returned to jail after a delay of 483 days. He was required to be arrested and brought to jail. The petitioner is a convict undergoing sentence of life imprisonment. The petitioner has been in jail since last 10 years. 3.

Mr.Vagal, learned Counsel appearing for the petitioner, relied upon the judgments of this Court in Kalyan s/o. Bansidharrao Renge vs. The State of Maharashtra & another (Criminal Writ Petition No.ASDB-LDVC-265 of 2020) and Uzair @ Hujer s/o. Rafiq Shaikh vs. The State of Maharashtra & Others (Criminal Writ Petition No.2989 of 2020) to contend that the ground stated in the impugned order was wholly unsustainable. It was, therefore, submitted that the Writ Petition deserves to be allowed.

4.

On the other hand, the learned Public Prosecutor appearing for the State, opposed the petition for grant of emergency Covid19 parole. It was submitted that now the situation in the Nashik Road Central Prison, Nashik, has changed substantially. It was submitted that there is no crowd in the jail and that the authorities

have sufficient infrastructure now to immediately take care of any inmate or staff, who may suffer from Covid-19 virus. 5.

We have perused the record forwarded by the respondents to the office of the Public Prosecutor of this Court. The facts and figures stated therein indicate that in pursuance of release of number of inmates due to Covid-19 pandemic, now the situation in the Nashik Road Central Prison, Nashik has changed substantially. However, considering the fact that the petitioner, who was released once in the past i.e., on 29.5.2014, had returned to jail after a delay of 480 days after being arrested and brought in by the police, we are not inclined to allow this petition. 6.

In view of the above, the Writ Petition is rejected. Rule is discharged.

(MANISH PITALE, J.) (S.S. SHINDE, J.)