Zuber Mohd. Kasam Shaikh v. The State Of Maharashtra And ANR.

JOHNSON GONSALVES Date: 2021.12.15 14:30:12 +0530 SMITA JOHNSON GONSALVES sg 1/2 7.wp3877-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3877 OF 2021 Zuber Mohd. Kasam Shaikh ..

Petitioner v/s.

The State of Maharashtra & Anr.

..

Respondents ....

Mr. Manas N. Gawankar, for the Petitioner.

Mrs. A.S. Pai, Public Prosecutor, for Respondent State. ....

CORAM: NITIN JAMDAR & SARANG V. KOTWAL JJ.

DATE : 10 DECEMBER 2021.

P.C:- The Petitioner had applied to the Superintendent, Nashik Road Central Prison for Emergency (Covid-19) Parole, which was rejected by the impugned order.

2.

The learned PP points out that during the pendency of this petition, on 16 October 2021, the Petitioner is now shifted to Nagpur Central Prison. The learned Counsel for the Petitioner states that the Petitioner will apply to the Superintendent, Nagpur Central Jail for Emergency Parole, however, the impugned order passed by Superintendent, Nashik Road Police Station will come in the

sg 2/2 7.wp3877-21.doc Petitioner's way.

3.

Now that the Petitioner is shifted to Nagpur Central Prison and can apply afresh for Emergency Parole, we are not inclined to test the validity of the impugned order passed by Superintendent, Nashik Road Police Station. Since the petition is being disposed of in these circumstances without going into the merits, it is needless to state that if the Petitioner applies to Superintendent, Nagpur Central Prison, the said application will be considered on its own merits and as per law. 4.

Writ petition is disposed of.

(SARANG V. KOTWAL, J.) (NITIN JAMDAR, J.)