Noorjamal Akbar Shaikh v. The State Of Maharashtra

1 / 2 05-WP-2108-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2108 OF 2021 Noorjamal Akbar Shaikh .... Petitioner versus The State of Maharashtra .... Respondent .......

• Mr.Ajinkya Udane, Advocate appointed through Legal Aid Services for Petitioner.

• Ms.S.D. Shinde, APP for State/Respondent.

CORAM

: NITIN JAMDAR & SARANG V. KOTWAL, J.

DATE : 2 DECEMBER 2021 P.C. :

.

Heard the learned counsel for the Petitioner and learned APP.

2.

The prayer as prayed for be released on emergency (Covid-19) parole. The Petitioner has made reference to Rule 19 of the Maharashtra Prison (Mumbai Furlough and Parole) Rules, 1959. Digitally signed by MANUSHREE V NESARIKAR Date:

2021.12.06 16:40:11 +0530 MANUSHREE V NESARIKAR The substantial prayer is to be released on emergency (Covid-19) parole. However, in light of Rule 19, the emergency parole is not Nesarikar

2 / 2 05-WP-2108-21.odt available to those who have been convicted under special laws which includes The Protection of Children from Sexual Offences Act, 2012 (POCSO) under section 6 and 10 of which the Petitioner has been convicted. This view is taken by the Full Bench of this Court in the case of Pintu s/o. Juttam Sonale vs. State of Maharashtra1 in Criminal Writ Petition (St.) No. 3206 of 2020 decided on 6 November 2020. In light thereof the prayer made in the Petition cannot be granted. 3.

Writ Petition is rejected.

(SARANG V. KOTWAL, J.) (NITIN JAMDAR, J.) 2020(6) Mh.L.J.627