Jagdish S/O. Satpal Siddhu v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.836 OF 2022 Jagdish S/o. Satpal Siddhu ...
Petitioner
Versus
State of Maharashtra ...
Respondents *** Mr. Rupesh Anil Jaiswal for the Petitioner.
Ms. M.H. Mhatre, APP for the Respondent-State. *** CORAM : PRASANNA B. VARALE & S. M. MODAK, JJ.
DATE : 27 APRIL 2022 P. C. : (Per S.M. Modak, J.) .
Considering a short issue involved in this Petition, we have heard Mr. Jaiswal, learned Counsel appearing for the Petitioner/convicted person and Ms. Mhatre, learned APP for the State. The request of emergency parole on account of COVID-19 and in view of the Notification issued by the State Government dated 8 March 2022 was rejected by the Superintendent, Kolhapur Central Prisons, Kalamba as per the Order dated 1 July 2021. That is why the Petitioner is before us.
With the assistance of both sides, we have perused the said Order. The Petitioner is undergoing sentence for the offences punishable under Sections 302, 397 of Indian Penal Code by the Fast Track Court, Mumbai registered under C.R. No.143 of 2011. This is one of the reasons for refusing emergency parole. Secondly, on account of apprehension that he 1/3
will not return back and likely to abscond, if released on emergency parole.
Our attention is brought to the Notification dated 8 May 2020. it is true that the Government has decided to grant parole leave of 45 days in view of the declaration of epidemic under the Epidemic Diseases Act, 1987. Those directions does not apply to certain categories of convicted persons mentioned therein. Admittedly, the Petitioner does not fall in that category. However, Corona is not as serious as it was earlier and now Jail Authorities in Maharashtra have started and done vaccination and other measures inside jail. So on account of declaration of epidemic, we are not inclined to allow that prayer.
Our attention is also brought to an Order passed by Aurangabad Bench of this Court in Criminal Writ Petition No.73 of 2021 (Sankar S/o. Vitthal Khare Vs. State of Maharashtra), an emergency parole was allowed as per the Order dated 5 February 2021. In that case also such Petitioner was convicted under Sections 392 and 395 of Indian Penal Code. We are inclined to remand matter back to Jail Authorities with direction to consider the Application of the Petitioner for furlough leave. At the same time, we are also observing consideration of the conviction of the Petitioner under Sections 302 and 397 of Indian Penal Code, may not be considered as a factor to refuse furlough leave. In view of that, the following Order is passed :- : O R D E R :
(i) Writ Petition No.836 of 2022 is partly allowed. 2/3
(ii) Superintendent, Central Jail, Kalamba, Kolhapur to forward the Application of the Petitioner and Deputy Inspector General, Prisons, is directed to consider the Application of the Petitioner for furlough leave request. (iii)His request for furlough leave to be decided as per the Furlough Leave Rules, preferably within 45 days from the receipt of this Order.
(iv)Parties to act on authenticated copy of the Order. (S. M. MODAK, J.) (PRASANNA B. VARALE, J.) RAJESH VASANT CHITTEWAN RAJESH VASANT CHITTEWAN Date: 2022.05.02 17:22:16 +0530 3/3