Pankaj Bapu Gaikwad v. The State Of Maharashtra And ORS

Megha 43_crpil_13_2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL PUBLIC INTEREST LITIGATION NO.13 OF 2014 Tushar Maruti Pabale

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

WITH CRIMINAL APPLICATION NO.9 OF 2014 IN CRIMINAL PUBLIC INTEREST LITIGATION NO.13 OF 2014 Pankaj Bapu Gaikwad ...Applicant

Versus

The State of Maharashtra & Ors.

...Respondents

...

Mr. Nikhil Kunal Chaudhari for the Petitioner. Mr. K.V. Saste, APP for Respondent Nos.1 to 5. Mr. Subhash D. Jadhav i/b. ALMT Legal for Respondent No.6. CORAM : A.S. OKA & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 15th NOVEMBER, 2016.

P.C. :

We have perused the earlier orders and in particularly order dated 25th February, 2014 passed by this Court. 2.

The learned counsel appearing for Respondent No.6 placed on record a copy of Extraordinary Government Gazzette dated 26th August, 2016 by which the Maharashtra Prisons (Mumbai Furlough and Parole Amendment) Rules, 2016 have been notified. It is provided therein that the 1/2

Megha 43_crpil_13_2014.doc said amended Rules shall come into force from the date of its publication in the official gazette. A copy of the official gazette is taken on record and marked as 'A1' for identification. Thus, the amended Rules have came into force. As far as the grievance in relation to Respondent No.6 is concerned, now the same has become academic with the passage of time. However, the larger issue raised by the Petitioner in this petition will not survive in view of the aforesaid amended Rules of 2016. Therefore, it is not necessary to keep this petition pending and the same is accordingly disposed of. 3.

The criminal application No.9 of 2014 does not survive and hence disposed of.

(ANUJA PRABHUDESSAI, J.) (A.S. OKA, J.) 2/2