Balu Kisan Borse v. The State Of Maharashtra

957. WP 2966.21.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2966 OF 2021 Balu Kisan Borse ... Petitioner V/s.

The State of Maharashtra ... Respondents Mr. Gaurav Sharma, Advocate appointed through Legal Aid for the Petitioner Ms. A.S. Pai, APP for the Respondent - State CORAM : NITIN JAMDAR & SARANG V. KOTWAL, JJ.

DATE : 18 NOVEMBER 2021 P.C. :- This Petition is filed challenging the rejection of the Petitioner's application to be released on Emergency (Covid-19) Parole.

2.

The ground for rejection in the impugned order is that the Petitioner is convicted under Section 4,5, and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and therefore, in the light of Rule 19(1)(C)(ii) of the Maharashtra

957. WP 2966.21.doc Prisons (Mumbai Furlough and Parole) Rules 1959 (as amended) by Amendment Rules, 2020, the Petitioner is not entitled to be released on Emergency(Covid-19) Parole.

3.

The learned APP has placed on record order dated 19 September 2020 by which the request of the Petition is again rejected. Clause 19(1)(C)(ii) of the Rules of 1959 has been interpreted 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 so as to include the Protection of Children from Sexual Offences (POCSO) Act, 2012 within its ambit. Thus, no error can be found in the impugned order as there is a statutory bar against grant of Emergency (Covid-19) Parole.

4.

In such circumstances, the Writ Petition is rejected. SARANG V. KOTWAL, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date: 2021.11.26 17:44:13 +0530 JYOTI PRAKASH PAWAR 2020(6) Mh.L.J.627