Ganesh Popat Khawale v. The State Of Maharashtra

952. WP 2953.21.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2953 OF 2021 Ganesh Popat Kowale ... Petitioner V/s.

The State of Maharashtra ... Respondent Ms. Devyani Kulkarni, Advocate appointed through Legal Aid for the Petitioner Ms. A.S. Pai, P.P. for the Respondent - State CORAM : NITIN JAMDAR & SARANG V. KOTWAL, JJ.

DATE : 18 NOVEMBER 2021 P.C. :- The Petitioner prays to be released on Emergency (Covid-19) Parole. The Petitioner is convicted under the provisions of the Protection of Children from Sexual Offences Act, 2012. 2.

This relief, which is based on Rule 19(1)(C) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules 1959 (as amended by Amendment Rules, 2020), cannot be granted in view of

952. WP 2953.21.doc Clause 19(1)(C)(ii) as interpreted by the Full Bench of this Court in the case of Pintu s/o. Juttam Sonale vs. State of Maharashtra1 holding that emergency parole is not available to the persons convicted under the provisions of the POCSO Act.

3.

In the light of this statutory bar contained in the Rules, no order can be passed in favour of the Petitioner. The Writ Petition is rejected.

SARANG V. KOTWAL, J.

NITIN JAMDAR, J.

JYOTI PRAKASH PAWAR by JYOTI PRAKASH PAWAR Date: 2021.11.25 11:48:42 +0530 Cri.W.P.(St.) No.3206 of 2020 dtd. 6.11.2020(Bombay)