Santosh Madhavrao Chawan v. The State Of Maharashtra

928. WP 2644.21.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2644 OF 2021 Santosh Madhavrao Chawan ... Petitioner V/s.

The State of Maharashtra ... Respondent Ms. Dhanalakshmi Iyer, Advocate appointed through Legal Aid for the Petitioner Mr. K.V. Saste, APP for the Respondent - State CORAM : NITIN JAMDAR & SARANG V. KOTWAL, JJ.

DATE : 18 NOVEMBER 2021 P.C. :- Heard the learned Counsel for the parties.

2.

The Petitioner has challenged the order rejecting the application for Emergency (Covid-19) Parole. The reason given in the impugned order is that the Petitioner has never been released on parole or furlough earlier and therefore he cannot be granted such emergency parole. The ground is with reference to Rule 19(1)(C)(ii) of the Maharashtra Prisons (Mumbai Furlough an Parole) Rules, 1959 as amended in the year 2020. The Division Bench of this

928. WP 2644.21.doc Court in the case of Roshan Ali Din Mohmed Mukhiya Shaikh vs. State of Maharashtra1 has found this condition as unsustainable and set aside the same. The Division Bench, after setting aside this ground remanded the matter for fresh consideration. 3.

Accordingly, the impugned order in this Petition is set aside. The Respondent will take a fresh decision as regarding the entitlement of the Petitioner for the emergency parole and communicate the decision to the Petitioner within a period of four weeks.

4.

The Writ Petition is accordingly disposed of. 5.

The Legal Services Authority will communicate the decision to the Petitioner.

SARANG V. KOTWAL, J.

NITIN JAMDAR, J.

JYOTI PRAKASH PAWAR JYOTI PRAKASH PAWAR Date: 2021.11.24 17:57:09 +0530 1 Writ Petition No. 2115 of 2021& Ors. dtd. 28 October 2021