Vandanabai W/O. Devrao Jadhav v. The State Of Maharashtra And ANR
( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.922 OF 2020 Vandanabai w/o Devrao Jadhav Age Major, R/o at post Sugaon, Tq.Lohva, Dist.Nanded (Petitioner is wife of convict) (Devrao s/o Ramrao Jadhav C-8746) At present Harsool District Central Prison,Aurangabad Harsool Central Prison,Tq.Dist.
Aurangabad AP.P. Smt.R.P.Gaur for respondents State.
CRIMINAL WRIT PETITION NO.924 OF 2020 Kailash S/o Damu Gaikwad-C-8294
( 2 ) AP.P. Shri.R.D.Sanap for respondents State.
CRIMINAL WRIT PETITION NO.926 OF 2020 Akshay S/o Bhimrao Kapate C-9011 AP.P. Smt.V.N.Patil Jadhav for respondents State. CRIMINAL WRIT PETITION NO.929 OF 2020 Suman w/o Kashiram Tate Age Major, R/o Hadco,New Nanded Dist.Nanded (Petitioner is daughter of convict) (Convict Ramrao S/o Devrao Jadhav) At present Harsool
( 3 ) District Central Prison,Aurangabad Age 84, Occ.Nil, R/o at present Harsool Central Prison,Tq.Dist.
Aurangabad AP.P. Shri.V.S.Badakh for respondents State.
CRIMINAL WRIT PETITION NO.930 OF 2020 Radhabai w/o Govind Jadhav Age Major, R/o at post Sugaon, Tq.Lohva, Dist.Nanded (Petitioner is wife of convict) (Govind s/o Ramrao Jadhav C-8726) At present Harsool District Central Prison,Aurangabad Harsool Central Prison,Tq.Dist.
Aurangabad.
( 4 ) AP.P. Smt.R.P.Gaur for respondents State.
CRIMINAL WRIT PETITION NO.931 OF 2020 Avinash S/o Santosh Pimple C-7926 Harsool Prison,Tq.Dist.Aurangabad AP.P. Shri K.S.Patil for respondents State.
CRIMINAL WRIT PETITION NO.932 OF 2020 Ashok S/o Kashiram Tate [convict Sulochanabai Ramrao Jadhav Harsool Jail] Age Major, Occ.Labour work R/o Hadco, New Nanded.
( 5 ) AP.P. Shri R.D.Sanap for respondents State.
CRIMINAL WRIT PETITION NO.935 OF 2020 Dinkar S/o Shriram Chaudhri C-8463 AP.P. Shri S.P.Tiwari for respondents State. CRIMINAL WRIT PETITION NO.936 OF 2020 Kalekhan S/o Lalkhan Pathan C-8925 Age Major, Occ.Convict, R/o at present confined in Central Prison Aurangabad Through Superintendent Central Prison,Aurangabad.
..RESPONDENT
( 6 ) Adv.Shri R.A.Jaiswal for petitioner.
AP.P. Shri A.B.Chate for respondent State.
CRIMINAL WRIT PETITION NO.937 OF 2020 Shivaji S/o Eknath C-9014 AP.P. Shri V.S.Badakh for respondents State.
CRIMINAL WRIT PETITION NO.939 OF 2020 Jaibunissa Shaikh Amzad [convict Javid Khan Washim Khan C-8781) brother of petitioner
( 7 ) AP.P. Smt.R.P.Gaur for respondents State.
CRIMINAL WRIT PETITION NO.940 OF 2020 Ramesh S/o Asaram Nathbhajan Age Major, Occ.Convict, R/o at present confined in Central Prison Aurangabad Through Superintendent Central Prison,Aurangabad.
..RESPONDENT Adv.Shri R.A.Jaiswal for petitioner.
AP.P. Shri K.S.Patil for respondent State.
CRIMINAL WRIT PETITION NO.942 OF 2020 Amol s/o Sominath Dhakne C-7747 AP.P. Smt.V.N.Patil Jadhav for respondents State.
( 8 ) CORAM :
T.V.NALAWADE & MANGESH S. PATIL, JJ.
DATE :
25.08.2020 ORAL JUDGMENT [PER T.V.NALAWADE,J.] :- Rule. Rule is made returnable forthwith. By consent both sides heard for final disposal.
2] In all these matters, simple relief of direction is claimed. The petitioners are prisoners and it is their contention that they are eligible for consideration of granting emergency parole. It is their contention that they have given applications for releasing them on emergency parole. It is contended that under Notification dated 8/5/2020 of the State Government they are entitled to such parole but their applications are not yet decided. It appears that the dates of some applications are 7/8/2020 but some applications are dated 18/8/2020 also. For ordinary parole some time frame is prepared by the State Government and the period of 45 days is fixed in that time frame. Though such time is there a committee is constituted to give crieteria for giving emergency parole in view of the situation created by the pandemic. So, it has become necessary to expeditiously dispose of such applications. We are hereby giving directions to the respondents to see that the applications of the prisoners are decided within 15 days from the date of receipt of this order.
3] It is the policy of the Government to consider and release prisoners as
( 9 ) per guidelines of the committee constituted for granting emergency parole under aforesaid notification. Unnecessarily many matters are being filed for setting aside either the order of rejection of parole applications or for taking directions from this Court that the applications filed by the prisoners are decided expeditiously. If it is the policy of the Government to take out the eligible prisoners from the prison to avoid spreading of Covid-19 virus and for saving the lives of such prisoners, then in such circumstances, it is always desirable for the respondents to consider all the eligible prisoners and pass order for giving them option to come out of jail on emergency parole. If they avail emergency parole then it can be presumed that their sentence has been suspended. That will save the time of everybody and that will also show that there is uniformity and transparency. This Court hopes that the respondents in future take such steps so that the transparency is achieved and allegations of corruption are avoided.
4] In aforesaid terms, the Petitions are allowed. Rule is made absolute in above terms.
[MANGESH S. PATIL, J.] [T.V.NALAWADE,J.] umg/