Gajanan Prahalad Kakade v. The State Of Maharashtra

52.1837.21 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1837 OF 2021 Gajanan Prahalad Kakade ....Petitioner V/s.

The State of Maharashtra .....Respondents and another Mr. Amit Anil Mane for the Petitioner Mrs. S. D. Shinde APP for the State CORAM :

S. S. SHINDE & MANISH PITALE, JJ.

DATE:

4th MAY, 2021.

P.C.:

1] This petition is fled challenging the impugned order dated 28/09/2020 passed by Superintendent of Nashik-Road Central Prison, Nashik.

2] Upon perusal of the impugned order, it appears that petitioner's prayer for his release on emergency parole (Covid-19) has been rejected only on the ground that petitioner was released only once on furlough in the past and not twice.

1/2

52.1837.21 wp.doc 3] This Court in number of recent decisions has taken a view that where the convict is not released in the past on furlough or parole or released only once, cannot be a ground to reject the prayer of the convict to release him on emergency parole (Covid-19). 4] In that view of the matter, impugned order dated 28/09/2020 passed by Superintendent, Nashik-Road Central Prison, Nashik is quashed and set aside. Petitioner is given liberty to fle fresh application. In case, such application is fled, respondent no. 2 is directed to decide the said application as expeditiously as possible, however, within two weeks from fling of such application. Respondent no. 2 shall not reject the proposed application of the petitioner on the same grounds which are mentioned in the impugned order. 5] With above observations, writ petition is partly allowed and stands disposed of.

[MANISH PITALE, J.] [S. S. SHINDE, J.] 2/2