Abdul Asruddin Shaikh v. The State Of Maharashtra

(38) WP-984-21 .doc BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 984 OF 2021 Abdul Asruddin Shaikh ..... Petitioner.

V/s The State of Maharashtra ..... Respondents.

Mr. Niranjan Bhavake, appointed advocate for the Petitioner (absent). Mr. Deepak Thakre, PP a/w Mr. J.P. Yagnik, APP for the State. CORAM: S.S. SHINDE & MANISH PITALE, JJ.

DATE: APRIL 29, 2021 P.C.:- 1] The advocate who is appointed for the Petitioner is not present. In view of the emergency, Petition is taken up for hearing forthwith. 2] Being aggrieved by the impugned order dated 28th September 2020 passed by the Superintendent, Nashik-Road Central Prison, Nashik, this Petition is filed by the Petitioner. 3] The learned APP has placed on record the report submitted by the Superintendent, Nashik-Road Central Prison, Nashik. Perused the Report.

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(38) WP-984-21 .doc 4] Heard the learned APP for the State.

5] Perused the impugned order.Petitioner is convicted for the offence punishable under Section 16(1)(b) of the UAPA Act and section 489(b), 489(c) and 489(e) and section 120-B of the IPC. 6] The Notification dated 8th May, 2020 issued by the Home Department, Government of Maharashtra does not provide for entertaining the prayer of the convict under UAPA Act to release him on emergency covid parole.

7] In that view of the matter, prayer of the Petitioner cannot be favourably considered. Hence, the Writ Petition stands rejected. 8] Registry shall communicate this order to the Superintendent, Nashik Road Central Prison, Nashik. In addition to the same, the learned APP shall also send a copy of this order to the Superintendent, Nashik Road Central Prison, Nashik.

(MANISH PITALE, J.) (S. S. SHINDE, J.) 2/2