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Bombay High CourtWP/2257/2021disposed off

Vikas Kumar Singh v. The State Of Maharashtra

2021-11-18Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

908. WP 2257.21.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2257 OF 2021 Vikas Kumar Singh ... Petitioner V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Ajinkya Udane i/b. Niranjan Bhavke, 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. :- The Petitioner is seeking Emergency (Covid-19) Parole. 2.

Request for emergency parole is rejected by the impugned order dated 19 September 2020. Three grounds are given in the impugned order for rejection.

3.

The most important ground is that the Petitioner is convicted under Section 3 of the Maharashtra Control of Organized

908. WP 2257.21.doc Crime (MCOC) Act, 1999. As per Rule 19(1)(C) of the Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 as amended in the year 2020, a prisoner convicted under serious offence such as offence under the MCOC Act are not entitled for emergency parole. If that is the criteria under the Rules, no error can be found in the impugned order based on the statutory Rules. 4.

The Writ Petition is rejected.

SARANG V. KOTWAL, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date: 2021.11.24 17:49:39 +0530 JYOTI PRAKASH PAWAR