Sunil Sitaram Jadhav v. The State Of Maharashtra

skn 1 207-WP-6577.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6577 OF 2021 Sunil Sitaram Jadhav.

...

Petitioner.

V/s.

The State of Maharashtra.

...

Respondent.

Through Jail Mr.J.P.Yagnik, APP for the Respondent- State. CORAM :

NITIN JAMDAR AND N.R. BORKAR, JJ.

Digitally signed by SANJAY KASHINATH NANOSKAR Date:

2022.08.03 16:21:50 +0530 SANJAY KASHINATH NANOSKAR DATE :

29 July 2022.

P.C. :

By this writ petition, the Petitioner is seeking to be released on emergency (Covid-19) parole. The said prayer cannot be granted for two reasons. First, the Petitioner is convicted under section 376 of Indian Penal Code. As per Rule 19(1)(C) of the Maharashtra Prison (Bombay Furlough and Parole) Rules Maharashtra Prisons, 1959 (as amended), those who are convicted under certain categories of offences such as under section 376 of IPC are not entitled to be released on emergency (Covid-19) parole. Even otherwise, as per the Government Resolution dated 4 May 2022, the said policy is discontinued. Therefore, no such relief can be granted. Writ petition is rejected.

(N.R. BORKAR, J.) (NITIN JAMDAR, J.)