Dattu Baburao Pawar v. The State Of Maharashtra

50.1170.21 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1170 OF 2021 Dattu Baburao Pawar ....Petitioner V/s.

The State of Maharashtra .....Respondent None for the petitioner Mr. Deepak Thakre, PP a/w Mr. S. R. Shinde, APP for the State CORAM :

S. S. SHINDE & MANISH PITALE, JJ.

DATE:

APRIL 29, 2021.

P.C.:

1] Mr. Navin Bagul, advocate appointed for the petitioner is not present. With the able assistance of learned APP we have perused the report submitted by Superintendent, Nashik-Road Central Prison, Nashik. It appears that petitioner was never released on parole/furlough and on that count, his application requesting for his release for emergency parole (Covid-19) has been turned down. There is no other reason in the impugned order assigned by the respondent-authority to turn down the prayer of the petitioner to 1/2

50.1170.21 wp.doc release him on emergency parole (Covid-19).

2] In our opinion, respondent-authorities should not have rejected the prayer of the petitioner to release him on emergency parole (Covid-19) on the ground that he was never released on parole/furlough. Hence, impugned order dated 27/09/2020 passed by Superintendent, Nashik-Road Central Prison stands quashed and set aside. Petition is partly allowed.

3] If the petitioner fles fresh application for emergency parole (Covid-19)/Parole/furlough, respondent-authority shall decide the same within 3 weeks from fling of such application. 4] With above observations, petition stands disposed of. [MANISH PITALE, J.] [S. S. SHINDE, J.] 2/2