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Bombay High CourtWP/5950/2021disposed off

Chettan S/O Narsing Powara v. The State Of Maharashtra And ANR

2022-07-22Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice Arun R. Pedneker2 pages

7-wp-5950-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5950 OF 2021 Chettan s/o. Narsing Pawora ...

Petitioner

Versus

The State of Maharashtra & Anr.

...

Respondents .........

None for the Petitioner.

Mr. J. P. Yagnik, APP for the Respondent -State. .........

CORAM : NITIN JAMDAR AND ARUN R. PEDNEKER,JJ.

DATED : 22nd July, 2022 P.C. :- 1.

By this petition, the Petitioner has sought release on emergency (Covid-19) parole.

2.

By order dated 7th June, 2021, the same was granted upon the Petitioner furnishing surety of a Government Servant. The Petitioner has challenged imposition of such condition. Though it is correct that in various decisions, this Court has set aside the condition, but as of today, no effective relief can be granted to the Petitioner. Trupti 1 / 2

7-wp-5950-2021.odt 3.

The Petitioner had sought release on emergency parole as per Rule 19 (1) (C) of the Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 as amended. The State Government has issued a notification on 1st April, 2022 and has passed further Resolution on 4th May, 2021 stating that from 8th May, 2020 onwards, the prisoners are not to be released on emergency (Covid-19) parole and those who have been released earlier, have been directed to return back to their respective prisons.

3.

In light of this development, no relief can be granted. 4.

Accordingly, this petition is disposed of.

( ARUN R. PEDNEKER, J. ) ( NITIN JAMDAR, J. ) TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2022.07.25 14:21:00 +0530 Trupti 2 / 2